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Parents who believe their child suffered birth injuries because of medical malpractice may be entitled to compensation. However, claiming a claim comes with many challenges and deadlines such as the statute of limitations.
A lawyer for a family can assist them review medical records, obtain professional opinions and develop an evidence-based case. They can also manage communications with insurance companies and negotiate a fair settlement.
Birth Injury Prevention
Unfortunately, a lot of birth injuries that occur could have been prevented. Certain injuries, whether caused through medical negligence or a natural problem, do not heal and may cause life-long complications. Certain injuries may require costly treatments which are not covered by insurance. The first feelings parents experience are typically anger and frustration. They may also experience sadness and shock. They may also wonder about what happened and if the injury could have been prevented.
Birth injuries can be caused by any incident that occurs prior to, or after delivery. Some birth injuries are obvious like a skull injury, or damage to the spinal cord. Others will be evident as the child ages. For instance an absence of motor development or cognitive problems could be signs of brain injury resulting from an injury that could be prevented at birth injury attorneys.
Some birth injuries can be avoided by monitoring the mother during pregnancy, and through regular OB-GYN appointments. Parents should consider their risk factors and choose a doctor that is best suited to their needs. The doctor should also listen to the mother's viewpoints and consider them during labor. The doctor must also know when a C-section is needed and be able in performing one in a safe manner.
Medical Malpractice
If a child suffers an injury at birth it could shatter the hopes of parents who have looked forward to this day for a long time. Even a seemingly insignificant medical error could lead to costly treatment for a long time and a loss of a lifetime for the child.
The best birth injury attorneys will review medical records to determine if negligence occurred during the birthing process. They then work with medical experts in order to prove that the breach of duty on behalf of the health professional triggered the injuries of your child.
Many attorneys will offer a free case review and they work on a contingency fee basis, meaning they don't get paid until they are successful in your case. Additionally the top law firms have access to huge medical databases, as well as a staff of staff members that include nurses as case managers and medical experts who can help you to strengthen your case.
It is best to engage a lawyer as soon as you are able to. If you do not wait until your child becomes an adult to file a lawsuit, you will have much less time to develop a strong claim, and the medical documents that support your claim may have expired long ago. If you do not act quickly, the statute of limitation to file a claim for medical negligence in your state could be over.
Medical Bills
Medical bills for a child with a brain or spinal cord injury can be enormous. Fortunately an effective legal claim can help reduce some of the costs. A settlement or jury award could help pay for medical bills for your child, including future ones, as well as lost earnings due to having remain at home to care for an injured baby. It could also cover emotional trauma.
When selecting an attorney it is crucial to determine how many cases they take on at a time and also their rates of success in these types of claims. It is also crucial to take into account the length of their experience in the field of malpractice law, since it can impact how they are in court or when negotiating with corporate insurance companies.
It is also a good idea to inquire about the medical experts who are involved in your case and what their view is on the likely causes of the child's injury. Medical experts can provide an important view and can often make a difference in a successful medical malpractice case.
Parents should also make sure they inquire about how much a lawyer normally charges for their services. A birth injury lawyer will be charged on a contingent fee basis, just like most personal injury attorneys. This means that they only get paid if they receive an award of financial compensation on behalf of the client.
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