By VSCP LAW
If your child has suffered a birth injury lawyer in Philadelphia, you may feel overwhelmed by your child’s injuries, confused by the medical jargon, and you may not know whether to file a birth injury lawsuit. Read on to learn what every parent should know about a possible birth trauma lawsuit for their child.
In Philadelphia, you can file a birth injury claim up to two years after the child turns 18 (i.e., up until their 20th birthday). But you should never wait that long to consult an attorney. If your baby suffered a birth injury, you need to contact a birth injury lawyer as soon as possible to preserve your claims.
And while your child’s legal case doesn’t expire until your child turns 20, YOUR case expires two years after you knew or should have known that your child’s birth injury was someone’s fault. Your claim as the parent could be for, e.g., out-of-pocket expenses, emotional suffering, etc. Parents lose their individual right to sue the healthcare providers after those two years expire.
A neonatal injury attorney in Philadelphia, with sufficient notice, can ensure that you and your child don’t lose your rights to file a lawsuit.
If your child has suffered a serious birth injury, you may be so overwhelmed that you don’t know what to do next. You don’t know how to deal with this massive injury that is afflicting your child. You don’t know whom to talk to, how to navigate various hospital systems, and how to obtain the appropriate medical care for your child. Your birth injury lawyer will help by connecting you with the proper healthcare professionals who can provide thorough medical evaluations, early intervention, physical therapy, occupational therapy, and other critical care.
There is evidence that is simply crucial and indispensable to the success of your birth injury lawsuit, such as medical records, rehabilitation reports, hospital notes, lab results, photos, etc. Some of the crucial evidence is produced by healthcare systems and some of this evidence will be produced by you! Indeed, you should be documenting your child’s injury and recovery with photographs, videos, and journaling. These pieces of evidence will help establish the medical malpractice that occurred as well as the extent of your child’s injuries, detailing every related issue whether it’s physical or emotional. Your Philadelphia birth injury lawyer will collect this evidence, review it, retain the appropriate experts, and conduct depositions – all of which are key steps in obtaining a successful outcome for your birth injury lawsuit.
And the mere act of collecting evidence is not as simple as it may sound. Your maternal birth injury lawyer in Philadelphia would have to ask the defendant to supply a good portion of the evidence. Naturally, this is not always easy, and often the defendant will not hand over all the essential evidence immediately. This is why you need to hire an experienced birth trauma attorney who knows what to ask for and how to ask for it (and then, if necessary, how to file a motion to compel the defendant to produce it).
Your birth injury attorney will need to hire a good expert to review your child’s medical records before, during, and after birth as well as those of the mother. Then, the expert and the birth trauma lawyer in Philadelphia together will determine whether or not your healthcare provider was negligent, or failed to meet the standard of care. This is a highly complex analysis that requires deep knowledge of both medicine and law. Only an experienced obstetric malpractice attorney can connect the right expert to your case and with that expert, evaluate whether you will have a high likelihood of success in your birth injury lawsuit. And only an experienced birth trauma attorney can file a lawsuit and help you win your case!
If you believe your child has suffered a birth injury, contact the experienced birth injury lawyers at VSCP Law will help you every step of the way.
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