7 Things About Birth Injury Law You'll Kick Yourself For Not Knowing
Birth Injury Lawyers
Parents who believe their child has suffered a birth injury because of medical malpractice could be entitled to compensation. However, filing claims is not without complications and deadlines, such as the time limit.
A family lawyer can assist them examine medical records, obtain professional opinions and develop solid evidence-based arguments. They can also handle correspondence with insurance companies and negotiate an equitable settlement.
Prevention of Birth Injuries
Sadly, a lot of birth injuries that occur could have been avoided. Certain injuries, whether triggered through medical negligence or an unnatural issue will not heal themselves and may result in life-long complications. Some injuries will also require costly treatments that may be not covered by insurance. The first emotions that parents experience are typically anger and frustration. They might also experience sadness and shock. They may also wonder why this happened and if it could have been avoided.
A birth injury could be caused by anything that happens prior to, during, or during delivery. Some are obvious, such as a skull fracture or a spinal cord injury. Others will become apparent as the child ages. Insufficient cognitive development and motor growth are indications of brain damage due to a birth injury that could have been avoided.
Some birth injuries can also be prevented by regular OB/GYN appointments as well as careful monitoring of the pregnant mother. Parents must evaluate their risk factors and choose a doctor who is most appropriate for their requirements. The doctor should also pay attention to the mother's viewpoints and consider them during labor. The doctor must also know the time when a C section is required and be able perform one in a safe manner.
Medical Malpractice
When a baby is struck with an injury at birth it could shatter the hopes of parents who have longed to this day for years. Even birth injury lawyer san angelo could result in years of costly treatment and a lifetime of lost potential for the injured child.
The top birth injury lawyers will analyze medical documents and other evidence to determine if there was mistakes made during the birthing process. Then, they will work with medical experts in proving that this negligence by the health care professional led to the child's injuries that could have been avoided.
Many lawyers will offer a free case evaluation and work on a contingency fee basis, which means they don't get paid until they are successful in your case. The top national law firms also have access to huge databases of medical records and an entire team of nurses, case managers and medical experts, as well as other staff members that can assist in proving your case.
The best time to employ an attorney for birth injuries is as soon as you are able. If you wait until your child is an adult to bring a lawsuit then you'll have less time to construct a strong claim, and the medical documents that support your claim might have expired long ago. In addition, if you aren't quick enough you may miss the deadline for filing a medical malpractice claim in your state.
Medical Bills
The medical costs for a baby with a spinal cord injury, or any other birth injuries that could be prevented are staggering. A successful legal claim may help reduce some of these expenses. A settlement or jury award could help pay for medical bills for your child including future ones and also lost wages due to having to stay home and take care of an injured child. It can also help with emotional trauma.
When deciding on which attorney to hire for your case, you should inquire about the number of cases they typically handle at the same time and what their success rate is with those types of claims. It is important to also consider their years of malpractice law experience, as it can impact the way they conduct themselves in court and when negotiating with corporate insurance companies.
Asking which medical experts are going to be working on your case and what they think about the likely causes of the injury to the child is a good idea. Medical experts can offer an important view and can often make a difference in securing a victory in a medical malpractice case.
Additionally, parents should be sure to inquire as to what a lawyer usually charges for their services. A birth injury lawyer should charge on a contingent basis, just like most personal injury lawyers. This means that they will only be paid if they receive an award in the name of the client.