Birth Injury Lawyers

Parents who believe that their child has suffered a birth injury due to medical malpractice may be entitled to compensation. However, filing an action is fraught with complications and deadlines, such as the time limit.

A lawyer for a family can assist them review medical records, seek expert opinions and construct an evidence-based argument. They can also handle communication with insurance companies and negotiate a fair settlement.

Preventable Birth Injuries

Many birth injuries could have been prevented. Certain injuries, whether triggered by medical negligence or a natural issue, will not heal themselves and can lead to life-long complications. Some may also require expensive procedures that may not be covered by insurance. When the injury occurs, the initial emotions parents feel are typically anger, frustration, sadness and shock. They might also be wondering how this happened and if it could have been avoided.

Birth injuries can be caused by any incident that occurs before, during or after delivery. Some are obvious, like the skull fracture or spinal cord injury. Others will be evident as the child gets older. The lack of motor development and cognitive delays are indications of brain damage from birth injuries that could have been prevented.

Some birth injuries can also be avoided through regular OB/GYN appointments and careful monitoring of the pregnant mother. Parents should assess their risk factors and choose a doctor who is best suited to their needs. The doctor should also listen to the mother's opinions and consider them during labor. The doctor should be able and willing to perform C sections in a C section safely.

Medical Malpractice

A baby's injuries at birth can ruin the hopes of parents who have been waiting for this day for many years. Even a seemingly minor medical error could lead to expensive treatment for years and a life-long loss of potential for the child.

The top birth injury lawyers will examine medical records to determine if there was negligence during the birthing procedure. They will then collaborate with medical experts to prove that the negligence on the part of the health care professional led to the child's injuries.

Many attorneys will provide an initial free case assessment and are paid on a contingency basis, meaning that they don't get paid until they win your case. Also the top national law firms have access medical databases, as well as a staff of staff members that include nurse case managers and medical experts who can assist you to you to strengthen your case.

The ideal time to engage a birth injury lawyer is as early as you can. If you are waiting until your child turns an adult to file a lawsuit, you will have much less time to develop an effective claim and the medical evidence supporting your claim could have long since expired. In addition, if you don't act quickly, you could miss the time limit for filing a medical malpractice lawsuit in your state.

Medical Bills

The medical costs for a baby with a brain injury, spinal cord injury or any other birth injuries that can be prevented could be staggering. A successful legal case could help reduce some of these expenses. A settlement or jury award can help pay for your child's future and current medical expenses, lost wages from having to stay at home with the injured baby, and emotional distress.

When choosing which attorney to choose for your case, you should inquire about the number of cases they typically handle at a time and what their success rate is for those types of cases. It is also important to consider their years of malpractice legal experience, since this can affect how they perform in court and when dealing with corporate insurers.

Asking which medical experts will be involved in your case and what they believe about the likely causes of the injury to the child is a good idea. Medical experts provide a crucial viewpoint and can often make the difference in winning the case of medical negligence.

Finally, parents should be sure to ask how much a lawyer typically charges for their services. Like many personal injury lawyers an attorney for birth injuries should charge on a contingency fee basis. This means that they will only be paid if they receive an award in the name of the client.