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How Do I Know If My Child Has A Birth Injury Lawsuit?

The Becker Law Firm, LPA

Parents who are doing their best to care for a child with injuries are usually focused on their child.  This leaves precious little time to consider whether the child’s injury was caused by medical malpractice.  Many parents wonder if something should have been done differently, however.

Investigating A Birth Injury

The most important thing for parents to know is that there are deadlines to file lawsuits for medical negligence.  These deadlines vary by state—some states have deadlines of two years, one year, and even notice requirements of 180 days or less after the child’s birth.  Importantly, it can take time to collect all of the medical records and to consult with expert medical witnesses, so time is often short.

If your child has an obvious injury like cerebral palsy or is not developing at the usual rate, he may be entitled to money to help provide care.  That money can help to pay for past medical expenses, future medical expenses, lost future wages, and a lifetime of pain, suffering and disfigurement.

Some parents remember things that went wrong during labor and delivery; some parents were approached discretely by hospital nurses who were appalled at the treatment their child received; and some parents just have a feeling that something went wrong.

Medical malpractice cases are complex, and there are many elements that must be proved.  A lawyer can help to determine whether all of these elements are met, and whether a child and his parents have a viable claim.

What Will A Birth Injury Lawsuit Change?

Nothing can change your child’s injuries.  However, if those injuries were negligently caused, the doctor’s or the hospital’s medical malpractice insurance can help you and your child by giving you the chance at better care.  It is expensive to provide top-notch care for a child with developmental disabilities or cerebral palsy.  Even with health insurance, Social Security, Medicare or Medical Assistance, your child may need more therapy, equipment or nursing care than you can afford.

Doctors and hospitals carry medical malpractice insurance for a reason.  That insurance is there to help provide care for people harmed by medical mistakes.  It is no different than the automobile insurance we are required to have.  As doctors are healers of the sick, they want the best for their patients.  That is never more true than when a doctor makes a mistake and causes harm.

Contact Us

It is a simple matter to hire lawyers to investigate whether your child can make a birth injury claim.  By contacting us at (440) 252-4399 or online we can start the process.  We will ask you some questions about the treatment you received before and during labor, and we will ask about your child’s injuries.  You will sign some documents that will allow us to order your medical records and your child’s medical records, and we will work with medical experts to evaluate whether you have a claim.

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