The First Step Towards Protecting Your Child’s Rights is to Know and Understand Them
If your child has suffered a birth injury as the result of medical negligence the law entitles you to seek compensation to cover the cost of medical expenses now and the cost of future treatments and therapies, or other long-term care that may be needed.
We know that caring for a child with severe birth injuries can be emotionally hard, physically exhausting at times, and the cost of medical care can put tremendous financial pressure on families. Yet, despite these hardships parents are still sometimes reluctant to sue a doctor or other health care provider. Parents may just want closure and simply to move on with their lives, or they may feel guilty about suing a doctor that they otherwise like. Sometimes, parents are just still shocked by what happened and may not feel ready yet to explore legal remedies.
Insurance Companies Cannot Offer You Legal Advice
Insurance companies know that parents are often dealing with many complex issues and emotions and they count on these feelings to try to convince you to accept a quick settlement offer far below what you may really be entitled to so that they can avoid litigation. It is in your best interest to consult with your own attorney before accepting any insurance offer because the insurance company is not allowed to give you any legal advice nor will they serve as your advocate.
We appreciate that the legal process of suing someone can seem very daunting, but we have the necessary experience and resources to guide you through the entire legal process and will only seek to assert your best interests and not those of an insurance company. Doctors are human, are we support those who are forgiving of medical mistakes, but the harder side of life is that without holding those who are responsible for your baby’s birth injuries accountable, you will have to bear all the financial costs on your own.
As parents, your first interest is in your child’s welfare and by the same token, our client’s welfare is our main concern. Doctors have medical malpractice insurance policies; insurance companies are businesses and by making them pay on a claim that they are required to is not being unfair to anyone.
We offer a free legal consultation so you can tell us about your unique situation. We will be able to tell you if you have a case, the value of your case, and discuss your various legal options. We encourage you to at least talk to us and learn what your rights are so that you will have knowledge to help you make the best decision for your family about how to protect those rights for your child.
The Los Angeles area law firm of Donahue & Horrow, L.L.P., handles birth injury cases throughout California. The initial consultation will be at no cost. All cases are billed on a contingency fee basis — there will be no cost to you unless or until we recover compensation in the form of an insurance settlement or trial award.
Contact us today and you will have taken your first step towards ensuring your child’s future needs will be met.
Law and Limitations that Apply to California Birth Injury Cases
While some parts of a birth injury claim are handled exactly like other medical malpractice claims, certain laws and limitations apply only to cases involving birth injury or injuries to minors. For example, cases involving children have priority on a trial calendar. That is, birth injury malpractice cases may receive a trial date within nine months of filing, instead of languishing for two years for a trial date like other cases.
Claims involving birth injury do not have to be filed until the child’s eighth birthday in most cases. This allows claims for injuries that may not have been apparent until a child entered school. Unfortunately, some claims, such as claims against a government-run hospital, have much shorter deadlines so it is important to contact an experienced birth injury attorney if you suspect that your child has a birth injury.