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Parents who believe their child has suffered a birth injury due to medical malpractice may be entitled to compensation. It is a complicated process to file a claim and comes with deadlines like the statute or limitations.
A lawyer for the family can help them review medical records, seek expert opinions, and create an evidence-based argument. They can also handle communications with insurance companies and negotiate a fair settlement.
Preventable Birth Injuries
Many birth injuries could have been prevented. It doesn't matter if it's due to medical negligence or a natural complication, certain injuries won't heal themselves and may cause long-term complications for the injured child. Some injuries will also require expensive treatments that aren't covered by insurance. If an injury occurs, the first emotions a parent feels are usually sadness, anger, frustration and shock. They may also wonder about what occurred and if it could have been prevented.
Birth injuries can be caused by any event that takes place prior to, or during the birth. Some birth injuries are obvious like a skull injury or damage to the spinal cord. Some will become evident as the child gets older. The lack of motor development and cognitive delays are indications of brain damage caused by a birth injury which could have been avoided.
Certain birth injuries can be prevented through careful monitoring of the mother during pregnancy as well as through regular OB-GYN visits. Parents should consider their risk factors and select the doctor who is best suitable for their requirements. In addition, the doctor must listen to the mother and take her opinions into consideration during labor and birth injury attorneys. The doctor should also know the time when a C section is required and be able in performing one in a safe manner.
Medical Malpractice
A baby's injury at birth can ruin the hopes of parents, who have been waiting for this day for years. Even a seemingly minor medical error can lead to costly treatment for years and a loss of a lifetime for the child.
The best birth injury lawyers will examine medical records and other evidence to determine if there was carelessness during the birthing process. They will then work with medical experts to prove that this violation of duty by the health care professional resulted in your child's injury that could have been avoided.
Many attorneys offer a free assessment of your case. They also they work on a contingent fee basis. This means that they will not paid until they have won your case. Also the top national law firms have access to large medical databases, as well as a staff of staff members including nurse case managers and medical experts who can assist you to strengthen your claim.
It is recommended that you hire a lawyer as soon as you are able to. If you wait until your child is an adult before bringing a lawsuit you will have less time to create a convincing case, and any medical documents supporting your claim may already have expired. Furthermore, if don't act quickly and act quickly, you could be unable to meet the statute of limitations for filing a medical malpractice claim in your state.
Medical Bills
The medical costs of a child who suffers from a brain or spinal cord injury can be staggering. A successful legal claim may lower the cost of these injuries. A settlement or a jury award can cover your child's future and current medical expenses, lost wages from having to stay home to care for the injured baby, as well as emotional stress.
In deciding which attorney to hire when choosing an attorney, it is essential to inquire about the number of cases they usually manage at any given time, and what their success rate with these kinds of claims. It is also important to take into account their experience in malpractice law, as that can affect how well they are in court or when negotiating with corporate insurance companies.
It is recommended to inquire about which medical experts will be working on your case and what their opinion is on the likely causes of the child's injuries. Medical experts provide an important viewpoint and can often be the difference maker when it comes to winning the case of medical negligence.
Parents should also ask what a lawyer charges on average for their services. A birth injury lawyer must charge on a contingent fee basis, similar to most personal injury attorneys. This means they only get a payment if they win an award of financial compensation for the client.
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