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14 Questions You're Afraid To Ask About Birth Injury Law
Birth Injury Lawyers

Parents who believe that their child has suffered birth injuries as a result of medical malpractice could be entitled to compensation. Filing a claim is complicated and requires a deadline like the statute of limitations or deadlines.

A family's lawyer can help them review medical records, obtain expert opinions, and create a strong evidence-based case. They can also reach out to insurance companies and negotiate an equitable settlement.

Birth Injury Prevention

Unfortunately, a lot of birth injuries that occur could have been avoided. Some injuries, whether caused by negligence in the medical field or a natural problem, won't heal on their own and can lead to life-long complications. Certain injuries may require expensive treatments that may not be covered by insurance. The first feelings a parent experiences are usually anger and frustration. They may also feel sadness and shock. They may also wonder about what occurred and if it could have been prevented.

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

Some birth injuries can also be prevented through regular OB/GYN appointments as well as careful monitoring of the mother's pregnancy. Parents should evaluate their risk factors and choose the doctor best suitable for their requirements. The doctor should also pay attention to the mother's opinions and take them into consideration during labor. The doctor should also know the need for a C-section and be able to perform one safely.

Medical Malpractice

If a baby is injured or suffers an injury in the birth process, it can shatter the dreams of parents who have looked forward to this day for years. Even a minor medical mistake can result in costly treatment over the course of years and a loss of a lifetime for the child.

The best birth injury lawyers will review medical documents and other evidence to determine if there was any error during the birthing process. Then, they will collaborate with medical experts to prove that the breach of duty by the health care professional resulted in your child's injury that could have been avoided.

Many attorneys offer a free evaluation of your case and they work on a contingent fee basis. This means they are not paid until they are successful in winning your case. The top national law firms also have access databases of medical records and a team that includes nurse case managers, medical experts and other staff members that can help you strengthen your case.


The best time to hire a lawyer for birth injuries is as soon as possible. If you wait until the child is an adult before filing a lawsuit, there will be less time to create a strong case and any medical evidence supporting your claim might already have expired. In addition, if you don't act quickly you may miss the time limit for filing a medical malpractice claim in your state.

Medical Bills

Medical expenses for a child with a brain or spinal cord injury can be staggering. A successful legal action could help reduce some of these expenses. A settlement or a jury award could cover your child's current and future medical expenses, lost wages due to being forced to stay at home with the injured baby, and emotional distress.

When deciding on the attorney to hire for your case, you should inquire about the number of cases they manage at any given time, and what their success rate with these kinds of claims. It is also important to take into account their years of experience in the field of malpractice law since they can impact how they do in court, or when negotiating with insurance companies.

Asking which medical experts will be working on your case, and what they think about the potential causes of the injury to the child is an excellent idea. Medical experts provide an important viewpoint and can often be the difference when it comes to winning a case of medical malpractice.

Additionally, parents should be sure to ask how much a lawyer typically charges for their services. A birth injury lawyer should charge on a contingency fee basis, like many personal injury lawyers. This means they only get an amount if they are successful in winning an award in the financial interest of the client.

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