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14 Common Misconceptions About Birth Injury Law
Birth Injury Lawyers

Parents who believe that their child suffered birth injuries because of medical malpractice could be entitled to compensation. However, filing an claim is fraught with complexities and deadlines such as the statute of limitations.


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

Preventable Birth Injuries

Many birth injuries could have been avoided. The reason for this is due to negligence by a medical professional or a natural complication, certain injuries cannot heal on their own and may cause long-term complications for the child injured. Certain injuries may require expensive treatments that may be not covered by insurance. The first feelings parents experience are typically anger and frustration. They might also experience sadness and shock. They may also be thinking about how this happened and whether it could have been prevented.

A birth injury could be caused by anything that occurs prior to or during the birth. birth injury law firm yonkers are obvious, such as the skull fracture or spinal cord injury. Certain issues will become apparent as the child grows older. For instance, a lack of motor development or cognitive delays could be a sign of brain injury resulting from an injury to the birth canal that is preventable.

Some birth injuries can also be avoided through regular OB/GYN appointments and careful monitoring of the mother's pregnancy. Parents should evaluate their risk factors and select a doctor who is most appropriate for their requirements. In addition, the doctor must listen to the mother and take her views into consideration during labor and birth. The doctor should also know when a C-section is needed and be able perform one in a safe manner.

Medical Malpractice

When a baby suffers an injury in the birth process it could shatter the dreams of parents who have been looking forward to this day for a long time. Even a seemingly minor medical error could lead to costly treatment for years and a lost future for the child.

The best birth injury lawyers will review medical records and other evidence to determine if there was any carelessness during the birthing process. They will then work with medical experts to establish that the breach of duty on behalf of the health professional triggered the injuries of your child.

Many lawyers offer a no-cost evaluation of your case and work on a contingent fee basis. This means that they will not paid until they win your case. The top law firms in the country also have access databases of medical information and the team includes nurse case managers as well as medical experts and other staff members that can strengthen your claim.

The ideal time to engage a birth injury lawyer is as soon as possible. If you are waiting until your child turns an adult to file a lawsuit and you'll have less time to develop an effective claim and the medical records supporting your claim could be long past due. If you don't act quickly, the statute of limitations for filing a claim for medical malpractice in your state may have passed.

Medical Bills

Medical bills for a child suffering from a brain or cord injury can be shocking. Fortunately that a successful legal case can help to reduce some of the costs. A settlement or jury award could help pay for medical bills for your child and future ones as well as lost earnings due to having to be at home in order to take care of an injured child. It can also help with emotional stress.

When choosing an attorney, it's important to find out how many cases they handle at the same time, and their success rate with these types of cases. It is also important to look at the length of their experience in the field of malpractice law, since that can affect how well they do in court or when negotiating with insurance companies.

It is recommended to inquire about which medical experts will be involved in your case and what their advice is regarding the potential causes of the child's injury. Medical experts can provide an important perspective and can often make a difference in a successful medical malpractice case.

Parents should inquire about the price the average cost of a lawyer for their services. A birth injury lawyer must be charged on a contingent fee basis, much like the majority of personal injury attorneys. That means they only receive a payment if they win an award in the financial interest of the client.

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