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15 Astonishing Facts About Birth Injury Law
Birth Injury Lawyers

Parents who believe their child was injured at birth caused by medical malpractice could be entitled to compensation. It is a complicated process to file a claim and comes with deadlines which include the statute of limitations.

A family lawyer can assist them review medical records, get expert opinions and build an evidence-based case. They can also handle communication with insurance companies and negotiate an acceptable settlement.

Preventable Birth Injuries

Unfortunately, many birth injuries that occur could have been prevented. Some injuries, whether caused by medical negligence or a natural problem, do not heal and may cause life-long complications. Certain injuries may require expensive treatments that are not covered by insurance. The first emotions that a parent experiences are usually anger and frustration. They may also experience sadness and shock. They may also wonder what occurred and if it could have been prevented.

A birth injury can be caused by anything that occurs prior to, during, or during the birth. Some are obvious, like the skull fracture or spinal cord injury. Certain issues will become apparent as the child ages. For instance the lack of motor development or cognitive issues may be signs of brain injury resulting from an unavoidable birth injury.


Certain birth injuries can be prevented through regular OB/GYN appointments and careful monitoring of the mother's pregnancy. Parents must evaluate their risk factors and choose a doctor who is best suited for their needs. The doctor should also listen to the mother's views and consider them during labor. The doctor must also know the need for a C-section and be able in performing one safely.

Medical Malpractice

A baby's injuries at birth can ruin the dreams of parents, who have been waiting for this day for many years. Even a minor medical error could result in years of costly medical treatment, and a lifetime of lost potential for the child injured.

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

birth injury attorneys will offer a free case evaluation and offer services on a contingent fee basis, which means they are not paid until they are successful in your case. Also, the top national law firms have access to huge medical databases as well as a team of staff members including nurses as case managers and medical experts who can help in proving your case.

It is best to hire a lawyer as soon as you are able to. If you wait until the child is an adult before filing a lawsuit it will take less time to develop a convincing case and any medical documentation supporting your claim might already expired. If you do not act swiftly, the statute of limitation for filing a lawsuit for medical negligence in your state could have expired.

Medical Bills

The medical costs of a child who suffers from a brain or spinal cord injury can be staggering. Fortunately an effective legal claim can help to reduce the amount of these bills. A settlement or a jury award can help pay for medical bills for your child as well as future ones, as well as lost earnings due to having stay home and take care of an injured baby. It may also cover emotional trauma.

In deciding which attorney to work with when choosing an attorney, it is essential to inquire about how many cases they manage at a time and what their success rate with those types 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 negotiating with corporate insurers.

It is also a good idea to inquire about the medical experts that will be involved in your case and what their opinion on the possible reasons for the child's injury. Medical experts provide a crucial perspective and can be the difference maker in winning any case of medical malpractice.

Parents should also inquire as to what a lawyer charges on average for their services. Like many personal injury lawyers, a birth injury attorney should be charged on a contingency basis. This means they will only receive an amount if they are successful in winning an award in the financial interest of the client.

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