Birth Injury Lawyers Helping Families Nationwide
Birth injury lawyers have advanced understanding of the ever-changing legislation surrounding birth injury cases and limitations. Birth injury lawyers also have expert level medical knowledge about birth injuries and the different causes and effects of these injuries. Birth injury lawyers can help victims discern whether or not a birth injury was caused by medical negligence or malpractice and understand the available options. It is important that parents contact an experienced birth injury lawyer as soon as possible following a delivery in which there are injuries.
Statute of Limitations Expiration
In many states, a birth injury case must be filed prior to the statute of limitations expiration. This is generally two years, unless the injury is diagnosed later or other specialized circumstances occur which warrant an extension of the law. If victims do not move quickly, the statute of limitations law may prevent parents of children that have been injured as a result of malpractice from receiving due compensation that could help with the care and treatment needed to recover from or live with the conditions resulting from the injuries.
Compiling Evidence of Malpractice
Evidence that will be necessary to prove that birth injuries were caused by malpractice may include labor and delivery records, fetal heart monitor strips, pregnancy records, and medical records from when the birth injury was diagnosed. These records may take birth injury lawyers time and effort to obtain and assess. Parents must consider the amount of time that it will take to investigate and retrieve this information and any other necessary documentation so that birth injury lawyers are allowed ample time to recover this information to meet the time frame dictated by the statute of limitations.
What Are Birth Injuries?
Birth injuries are any type of physical injuries that occur during birth, whether natural or a result of outside factors such as malpractice. Birth injuries may cause physical, cognitive, or developmental impairments. In some cases, birth injuries are resolved without treatment. In some cases, treatment and care, especially at early stages, will help the child to completely recover from birth injuries. In other cases, birth injuries are severe and full recovery is not possible. When this is the case, fatality or lifelong disability may result.
Types of conditions caused by birth injuries may include:
- Cerebral palsy
- Erb’s palsy
- Spina bifida
- Brain damage
- Cephalohematoma
- Cystic fibrosis
- Brachial palsy
- Hypoxia
- Fractures
- Facial paralysis
Effects of Birth Injuries
Birth injuries can have an impact on the rest of victims’ lives. Depending on the injury, conditions caused by birth injuries can cost parents excessive amounts of money and lost wages as the child recovers from the injury. If injuries are more severe, parents may have to cover treatment costs and arrange full-time care for the duration of the child’s life. If children with disabilities outlive parents and care is not arranged, children may become wards of the state.
Recovering Due Compensation
Consulting a birth injury lawyer can help parents that may be facing lifelong or severe outcomes recover compensation that will ensure that children receive the best care available and enjoy the highest quality of life possible. While compensation may not help families to recover from the pain and suffering that birth injuries have caused, pursuing a lawsuit will hold the responsible parties accountable and provide assistance in treating the damage that has been caused. Proper compensation can also help parents of children with severe disabilities to find peace of mind knowing that arrangements for lifelong care have been established.
Sources:
“Birth Injury.” Birth Injury. Stanford Children’s Health, 1 Jan. 2014. Web. 18 Jan. 2015. <http://www.stanfordchildrens.org/en/topic/default?id=birth-injury-90-P02340>
“Florida Vital Statistics Annual Report 2013.” Florida Health. Florida Bureau of Vital Statistics, 1 Jan. 2014. Web. 18 Jan. 2015. <http://www.flpublichealth.com/VSBOOK/pdf/2013/Births.pdf>
“The 2014 Florida Statutes.” Online Sunshine. The Florida Legislature, 16 Jan. 2015. Web. 18 Jan. 2015. <http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html>
“What Happened?” BirthInjury.org. Brockton Creative Group, 1 Jan. 2010. Web. 18 Jan. 2015. <http://www.birthinjury.org/brain-injury-cerebral-palsy-finding-the-cause.html>