Birth Injury Lawyers

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

A family's lawyer can help them review medical records, get expert opinions and construct an evidence-based case. They can also contact insurance companies and negotiate an equitable settlement.

Preventable Birth Injuries

Many birth injuries could have been avoided. Some injuries, whether caused by medical negligence or a natural issue, won't heal on their own and may result in life-long complications. Some will also require costly treatments that aren't covered by insurance. When the injury occurs, the initial emotions that parents experience are typically sadness, anger, frustration, and shock. They may also wonder why this occurred and if the injury could have been prevented.

Birth injuries can be caused by any incident that occurs prior to, during or after the birth. Some birth injuries are obvious like a skull injury or damage to the spinal cord. Certain conditions will become apparent as the child gets older. For instance the lack of motor development or cognitive problems could be signs of brain damage resulting from an injury that could be prevented at birth.

Some birth injuries can also be prevented through regular OB/GYN appointments as well as careful monitoring of the mother's pregnancy. Parents must evaluate their risk factors and choose the doctor most suitable for their needs. The doctor must also listen to the mother's opinions and take them into consideration during labor. 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 during birth it could end up destroying the hopes of parents who have been looking forward to this day for years. Even a seemingly minor medical error could lead to costly treatment over the course of years and a life-long loss of potential for the child.

The most skilled birth injury lawyers will review medical documents and other evidence to determine if there was any error during the birthing process. They then work with medical experts in order to establish that the breach of duty on behalf of the health care professional caused your child's injuries.

Many lawyers will provide an initial free case assessment and are paid on a contingency basis, which means they do not get paid unless they succeed in winning your case. The top law firms in the country also have access to huge databases of medical information and the team includes nurse case managers and medical experts, as well as other staff members who can assist in proving your case.

The ideal time to engage a birth injury lawyer is as early as you can. If you wait until your child is an adult to make a claim and you'll have less time to build a solid case and the medical documentation that support your claim might have long since expired. Additionally, if you don't act quickly in time, you could miss the time limit for filing a medical malpractice claim in your state.

Medical Bills

The medical costs for babies suffering from brain injury, spinal cord injury, or other birth injuries that are preventable can be astounding. Fortunately that a successful legal case could help lower some of the costs. A settlement or a jury award can help pay for your child's current and future medical expenses, the loss of wages due to having to stay at home with the injured baby, as well as emotional stress.

When deciding on the attorney to work with it is crucial to inquire about how many cases they manage at the same time and what their success rate with these kinds of claims. It is important to also take into account their years of malpractice law experience, as this could impact the way they conduct themselves in court and when dealing with corporate insurers.

It is recommended to inquire about the medical experts that are involved in your case and what their perspective is on the likely reasons for the child's injury. Medical experts provide a crucial perspective and often be the difference maker in winning the case of medical negligence.

Additionally, parents should be sure to inquire about how much a lawyer typically charges for their services. Similar to most personal injury lawyers attorneys, a birth injury lawyer should charge on a contingency fee basis. This means they will only receive a payment if they win an award of financial compensation for the client.