Birth Injury Lawyer in Philadelphia: When to Seek Legal Assistance

By VSCP LAW

For birth injury cases in Medical and Rehabilitative Care Philadelphia, time is of the essence. The short answer to the question, “When should I seek legal assistance?” is as soon as possible. The long answer follows.

In a birth injury case, a common error that people make is not to do anything. That’s right. Inaction is a common response to the tragedy of a birth injury. It’s a natural human reaction to freeze when overwhelmed with panic or stress. But when a baby has suffered a birth injury, the parent must focus first on getting the child the care they need. Once they have the child’s initial care treatment, the parent should immediately contact a birth injury attorney in Philadelphia. That Philadelphia birth injury lawyer will guide the parent through the next steps, such as collecting and preserving evidence. 

Read on to learn more about all of these important steps, which need to happen in relatively quick succession.

Make Sure the Child is Getting the Medical and Rehabilitative Care They Need

As mentioned above, an error that people often make is failing to get follow-up care for their injured baby. Whether it’s because the parent is overwhelmed and feeling stress – or whether it’s out of a distrust of doctors or inconvenience – some people just discontinue seeking medical treatment for their child after the baby’s medical injury. This is a huge mistake. The parent may seek a second opinion, they may change doctors, but they should not skip their baby’s critical follow-up care. Further, the parents should make sure to document and keep track of all out-of-pocket medical expenses. Medical expenses include hospital and specialist co-pays, pharmaceutical costs, rehabilitation expenses, and any purchases related to the medical and rehabilitative care of the child. Extensive follow-up care helps establish the baby’s future care needs for the birth injury case and, hopefully, and most importantly, it also helps the child recover.

Contact a Lawyer

The person best equipped to help a parent file a successful birth injury case is an attorney specializing in malpractice cases. The sooner the parent contacts this attorney, the more likely they will have a good outcome for their case. Time is of the essence as there is a statute of limitations, which is a law that requires a person to file a lawsuit within a certain period, or else the person will lose their right to sue. In Pennsylvania, they can file a birth injury claim up to two years after the child turns 18 (i.e., up until their 20th birthday). But the parent should never wait that long to consult a lawyer. If their baby suffered a birth injury, they need to contact birth injury advocates as soon as possible to preserve their claims. And while their child’s case doesn’t expire until the child turns 20, the parent’s case expires two years after they knew or should have known that their child’s birth injury was someone’s fault. 

Collect and Preserve Evidence

The parent must maintain a detailed record of all medical reports, diagnoses, treatments, and conversations with healthcare professionals regarding their child’s birth injury. Fetal heart monitoring strips, medical records, intake forms, and lab slips are all examples of crucial pieces of evidence. This is another reason the first step (“contact a lawyer”) is so essential: the birth injury lawyer can, as mentioned above, tell the parent what evidence is necessary and will review and digest all of the necessary information because it is essential to the birth injury lawsuit. The parent’s evidence is essential because it supports the argument that the healthcare professional’s actions or omissions caused their child’s injuries. This evidence will also help establish the extent of the child’s injuries, detailing every related issue whether it’s physical or emotional.

If your child suffered a birth injury, it’s essential to contact an experienced birth injury lawyer promptly to help you through it all. To find an experienced birth injury attorney, contact VSCP Law.

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