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Parents who believe their child has suffered birth injuries due to medical malpractice may be entitled to compensation. Making a claim can be difficult and has deadlines, such as the statute of limitations.
A family lawyer can help review medical records, get expert opinions and create an evidence-based case. They can also communicate with insurance companies and negotiate a fair settlement.
Birth Injury Prevention
Sadly, many birth injuries that occur could have been avoided. Certain injuries, whether triggered by negligence in the medical field or a natural problem, do not heal and may cause life-long complications. Some may also require expensive treatments that may not be covered by insurance. The first emotions that parents experience are typically anger and frustration. They might also feel sadness and shock. They may also be thinking about how this occurred and if it could have been prevented.
Birth injuries can be caused by any event that occurs prior to, or after the birth. Some are obvious, such as a skull fracture or spinal cord injury. Others will become apparent as the child ages. For instance an absence of motor development or cognitive issues may be signs of brain injury resulting from an injury that could be prevented at birth.
Some birth injuries can also be avoided through regular OB/GYN check-ups and monitoring of the pregnant mother. Parents must evaluate their risk factors and select a doctor who is best suited to their needs. In addition, the doctor should listen to the mother and take her concerns into consideration during labor and birth. The doctor should also know the time when a C section is required and be able perform one safely.
Medical Malpractice
If a child suffers an injury during birth it could end up destroying the hopes of parents who have been looking forward to this day for a long time. Even a minor medical mistake can result in costly treatment over the course of years and a life-long loss of potential for the child.
The most experienced birth injury lawyers will examine medical records to determine if negligence took place during the birthing procedure. They then work with medical experts in order to show that the negligence on the part of the health care professional triggered the injuries of your child.
Many attorneys offer a free evaluation of your case. These attorneys work on a contingent fee basis. This means they are not paid until they are successful in winning your case. Additionally the top national law firms have access to large medical databases and a team of staff members including nurse case managers and medical experts who can assist you to make your case stronger.
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 suit you will have less time to construct an effective case and any medical records supporting your claim might already expired. If you do not take action quickly, the statute of limitation for filing a claim for medical malpractice in your state may have passed.
Medical Bills
Medical expenses for a child with a brain or spinal cord injury can be overwhelming. A successful legal claim could lower some of these costs. A settlement or jury award can pay for your child's present and future medical expenses, lost wages due to being forced to stay at home to take care of the injured baby, as well as emotional distress.
When choosing an attorney, it is essential to know how many cases they handle at a time and their success rate with these types of cases. It is also crucial to look at their experience in the field of malpractice law, since that can affect how well they perform in court or when negotiating with corporate insurance companies.
The question of which medical professionals will be working on your case and what they believe about the possible causes for the injury to the child is a good idea. Medical experts can provide a unique perspective and can be the difference maker in winning the case of medical negligence.
Parents should also inquire as to what an attorney charges for their services. Like many personal injury lawyers, firm a birth injury attorney should be charged on a contingency basis. That means they only receive the money if they receive a financial award for the client.
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