14 Common Misconceptions Concerning Birth Injury Law

Birth Injury Lawyers

Parents who believe 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 requires a deadline like the statute or limitations.

A lawyer for the family can help them examine medical records, obtain professional opinions and develop an evidence-based case. They can also manage communications with insurance companies and negotiate an equitable settlement.

Preventable Birth Injuries

Sadly, a lot of birth injuries that occur could have been prevented. Certain injuries, whether triggered through medical negligence or a natural issue, will not heal themselves and may cause life-long complications. Certain injuries may require expensive procedures that may not be covered by insurance. When an injury occurs, the first feelings parents experience are typically anger, frustration, sadness and shock. They may also be left wondering what happened and if the injury could have been avoided.

Birth injuries can be caused by any incident that takes place prior to, or during the birth. Some birth injuries are obvious, like a skull injury or spinal cord damage. Others will be evident as the child gets older. For instance the lack of motor development or cognitive issues might be signs of brain damage from an injury to the birth canal that is preventable.

Certain birth injuries can be avoided through regular OB/GYN appointments as well as careful monitoring of the mother's pregnancy. Parents should evaluate their risk factors and select the doctor best suitable for their requirements. In addition, the physician should listen to the mother's views and take them into consideration during labor and delivery. The doctor should also be aware when a C-section is required and be able perform one safely.

Medical Malpractice

If a child suffers an injury at birth it can shatter the dreams of parents who have longed to the day of birth for decades. Even a minor medical error can result in years of costly treatment and a lifetime of loss of potential for the child injured.

The best birth injury lawyers will look over medical documents and other evidence to determine if there was carelessness during the birthing process. They will then work with medical experts to demonstrate that the violation of duty by the medical professional was the cause of your child's preventable injuries.

Many lawyers will offer an initial free case assessment and they work on a contingency fee basis, meaning they do not receive a payment unless they succeed in winning your case. Additionally, the top national law firms have access to large medical databases as well as a team of staff members including nurse case managers and medical experts who can assist you to make your case stronger.

The ideal time to engage a birth injury lawyer is as soon as you are able. If you wait until your child is an adult before bringing a suit there will be less time to develop an argument that is convincing and any medical documentation supporting your claim could already have expired. Additionally, if you aren't quick enough and act quickly, you could be unable to meet the time limit for filing a medical malpractice claim in your state.

Medical Bills

Medical expenses for a child suffering from a brain or cord injury can be overwhelming. Fortunately the legal process is successful and can help to reduce some of the costs. A settlement or a jury award can pay for medical expenses of your child and future ones as well as lost wages due to having to be at home in order to take care of an injured child. It can also cover emotional stress.

When deciding on the attorney to select, it is important to inquire about the number of cases they usually manage at a time and what their success rate is for those types of cases. It is important to also look at their malpractice legal experience, since it can impact their performance in court and when negotiating with corporate insurance companies.

It is an excellent idea to ask which medical experts are involved in your case and Birth Injury lawyer what their perspective is on the possible causes of the child's injury. Medical experts can provide an important view and can often make the difference in winning a medical malpractice case.

Parents should also inquire as to what the average cost of a lawyer for their services. As with most personal injury lawyers attorneys, a birth injury lawyer should charge on a contingency fee basis. That means they only receive the money if they receive a financial award for their client.