10 Misconceptions That Your Boss May Have About Birth Injury Law
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Alejandrina
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Parents who believe their child has suffered a birth injury caused by medical malpractice could be entitled to compensation. Making a claim can be difficult and is subject to deadlines like the statute or limitations.
A family lawyer can help review medical records, get experts' opinions and develop an evidence-based case. They can also manage communications with insurance companies and negotiate an acceptable settlement.
Preventable Birth Injuries
Sadly, many birth injuries that occur could have been prevented. Certain injuries, whether triggered through medical negligence or due to a natural problem do not heal and can lead to life-long complications. Some injuries will also require expensive treatment options that are not covered by insurance. The first emotions that a parent experiences are usually anger and frustration. They might also feel sadness and shock. They might also be wondering how this happened and whether it could have been prevented.
Birth injuries can be caused by any event that occurs prior to, during or after delivery. Some birth injuries are obvious like a skull fracture or damage to the spinal cord. Others will be obvious as the child grows older. Lack of cognitive development and motor development are indicators of brain injury due to a birth injury that could have been avoided.
Certain birth injuries can be prevented by careful monitoring of the mother during pregnancy as well as through regular OB-GYN appointments. Parents should evaluate their risk factors and select the doctor best suited to their needs. The doctor should also listen to the mother's concerns and consider them during labor. The doctor should also be able and willing to perform a C section safely.
Medical Malpractice
A baby's birth injury can ruin the dreams of parents, who have been waiting for this day for many years. Even a seemingly minor medical mistake can result in years of costly treatment, and a lifetime of loss of potential for the injured child.
The best birth injury attorneys will review medical records to determine if negligence took place during the birthing process. They will then collaborate 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 lawyers will offer an initial free case assessment and work on a contingency fee basis, meaning they do not get paid unless they win your case. The top national law firms also have access to large databases of medical data and a team of nurses that includes case managers and medical experts, as well as other staff members that can make your case stronger.
It is recommended to hire a lawyer as soon as you are able to. If you wait until your child is an adult before bringing a suit, there will be less time to build an effective case and any medical evidence that support your claim could have expired. If you do not act quickly and act quickly, you could be unable to meet the time limit for filing a medical malpractice lawsuit in your state.
Medical Bills
Medical costs for children with a brain or spinal cord injury can be enormous. Fortunately, a successful legal claim can help reduce some of those costs. A settlement or jury award could pay for medical expenses of your child including future ones as well as lost income due to having be at home in order to take care of a baby who is injured. It could also cover emotional distress.
When selecting an attorney it is essential to know how many cases they deal with at the same time, and their rate of success with these kinds of cases. It is also important to look at their experience in the field of malpractice law since it can impact how they do in court or when negotiating with corporate insurance companies.
It is also a good idea to inquire about which medical experts will be working on your case and what their opinion on the possible causes of the child's injury. Medical experts can provide an important viewpoint and often play a significant role in successfully winning a medical malpractice case.
Parents should also be sure to inquire as to how much a lawyer normally charges for their services. Similar to most personal injury lawyers, a birth injury attorney should charge on a contingency fee basis. That means they only receive the money if they receive a financial award for the client.
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