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Parents who believe that their child has suffered a birth injury caused by medical malpractice could be entitled to compensation. It is a complicated process to file a claim and has deadlines like the statute of limitations or deadlines.
A family lawyer can help review medical records, obtain experts' opinions and develop an evidence-based case. They can also communicate with insurance companies and negotiate an equitable settlement.
Preventable Birth Injuries
Sadly, a lot of birth injuries that occur could have been avoided. The reason for this is due to negligence by a medical professional or a natural complication certain injuries won't heal themselves and may cause long-term complications for the injured child. Some will also require costly treatments that aren't covered by insurance. When an accident occurs, the initial emotions parents experience are typically anger, frustration, sadness, and shock. They might also be wondering how this happened and whether it could have been prevented.
A birth injury may be caused by anything that occurs prior to or during the birth. Some are obvious, like an injury to the skull or a spinal cord injury. Others will be apparent as the child grows older. Lack of motor development and cognitive delays are indicators of brain injury from birth injuries that could have been avoided.
Some birth injuries can also be prevented by regular OB/GYN check-ups and monitoring of the pregnant mother. Parents must evaluate their risk factors and select the doctor best for their specific needs. In addition, the doctor should listen to the mother's views and take them into consideration during labor and delivery. The doctor must also be capable and willing to perform C sections in a C section with care.
Medical Malpractice
A baby's injury at birth injury lawsuits could ruin the hopes of parents who have been waiting for this day for many years. Even a minor medical error can lead to costly treatment over the course of years and a lost future for the child.
The top birth injury lawyers will look over medical documents and other evidence to determine if there was any carelessness 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 led to the child's injuries.
Many attorneys provide a free assessment of your case. They also are paid on a contingency fee basis. This means that they are not paid until they succeed in winning your case. The top law firms in the country also have access to large databases of medical data and the team includes nurse case managers, medical experts and other staff members who can help you strengthen your case.
The ideal time to engage a lawyer for birth injuries is as early as you can. If you delay until your child is an adult to file a lawsuit then you'll have less time to construct an impressive case, and the medical documents that support your claim might have long since expired. In addition, if you aren't quick enough you may miss the statute of limitations for filing a medical malpractice lawsuit in your state.
Medical Bills
Medical costs for children with a brain or spinal cord injury can be staggering. A successful legal claim may help reduce some of these expenses. A settlement or jury award may cover your child's medical bills, including future ones, and also lost earnings due to having be at home in order to take care of an injured baby. It can also cover emotional distress.
When choosing an attorney, it is important to know how many cases they take on at a time and also their success rate with these types of claims. It is also important to look at their malpractice legal experience, since this can affect the way they conduct themselves in court and when negotiating with corporate insurance companies.
It is an excellent idea to inquire about which medical experts are involved in your case and what their perspective on the possible causes of the child's injury. Medical experts offer a valuable viewpoint and can often be the difference in winning the case of medical negligence.
Parents should also be sure to inquire about how much a lawyer normally charges for their services. A birth injury lawyer must charge on a contingent fee basis, much like the majority of personal injury lawyers. This means they will only receive the money if they receive a financial award for the client.
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