How a Birth Injury Attorney Can Help Families Get the Compensation They Need
While advances in medicine make births more secure than ever however, complications may still occur during and after the birth of a baby. If you suspect your child suffered a preventable birth injury, consult an experienced birth injury lawyer immediately.
A firm that concentrates on birth injury cases is likely to finance all litigation costs and only be compensated if they obtain an award in your case.
Damages
While medical advances made childbirth more secure than it was before, many mothers and their infants are at a higher risk of injury due to a variety reasons. Oxygen deprivation and head trauma are among the most frequent. These injuries can result in devastating disabilities such as cerebral palsy. A good birth injury lawyer can assist families to receive compensation for the lifelong medical and treatment they require.
Your lawyer will seek all relevant medical records and reports related to your baby's injury. They will also employ medical experts to analyze the evidence and give a formal opinion about whether the medical experts involved in the birth of your baby violated the standard of care. In the typical scenario, an expert will compare medical care offered by the defendant with practices generally accepted by medical experts who have the same experience and education.
Economic and non-economic damages are able to be awarded. Economic damages cover expenses including future and present medical bills, lost income and property losses. Non-economic damages may include emotional distress, pain and suffering. In rare circumstances, punitive damages may also be awarded. These are intended to punish the party at fault and discourage similar behavior in the future. They are separate from compensation damages that are given to compensate for actual losses.
Medical Experts
Although medical advances have made childbirth more secure than ever before, the process still involves some risk for both mother and child. It is up to the nurses and doctors involved in a delivery to act professionally and
birth injuries avoid making mistakes that could result in devastating consequences for the health of both parties. If they fail to do this and cause a birth injury parents can claim compensation for their injuries.
From the initial consultation until the final resolution An attorney for
birth injuries will closely assist you with your case. They will gather evidence from you, such as medical records and witness testimony and also get expert opinions from many sources, including other doctors and specialists.
These experts will examine all evidence and provide a formal opinion on whether the injuries were due to medical negligence. The lawyer will use this information to determine the best way to proceed.
If the medical expert confirms that a mistake was committed your lawyer will file a lawsuit against the accountable parties. This typically includes the obstetrician in charge of the delivery and pregnancy as well as any surgeons or nurses who helped during the delivery as well as the hospital where the birth took.
The cost of a lawsuit may be high due to the costs for expert witnesses, evidence, and depositions. Your lawyer will pay these expenses, and will reimburse you once they have settled your case.
Prepare for the trial
A birth injury lawyer will take on any case where the baby was injured due to a doctor's negligence, either prior to or during or shortly after the birth. In analyzing the case the lawyer will look at two things: whether or not there are any evidences of medical negligence and the extent of the injury.
Attorneys often consult medical experts to determine if the injury was caused by medical malpractice. The experts will carefully examine documents from the pregnancy, the child's birth and the medical treatment given to the injuries afterward. They will also be able analyze the effects of injuries on the child as well as the future of the child.
The experts will help the lawyer identify the medical providers that should be included in the lawsuit. The lawyer will then send a letter to the medical providers and their insurers inquiring them to respond to the claim. A skilled birth injury attorney will be able to negotiate with insurance companies and be ready to take the case to trial if necessary.
Parents could be entitled to damages for past and future medical expenses arising from their child's injuries. They could also receive damages for pain and suffering. These damages can be substantial when the child's injuries were severe. A skilled birth injury lawyer can help maximize the amount of compensation that is that is awarded to parents.
Insurance Companies
While a birth injury lawsuit will not reverse the damage that occurred to your child, it can help pay for future medical expenses and the cost of therapy, home modifications, and ongoing support. The costs could seem overwhelming, but a seasoned birth injury lawyer will collaborate with a team of experts to assess the financial impact on your family's finances from an injury, and how much compensation you are entitled to.
The first step in a birth injury claim is to prove that the doctor in your case had a professional relationship with you and your child and that they breached the trust by committing a breach during or before your child's delivery. This can be simple to prove through the collection of your medical documents and hospital bills.
Once this is established the lawyer will have to determine the specific actions that the doctor took that were negligent and how they impacted the health of your child. A birth injury lawyer will know where to find the medical records as well as expert witness testimony and other evidence needed to prove your claim.
A good
birth injury attorney will handle all the complexities of your case and will never require you to come out of pocket to pursue justice. They should be able to work on a contingency fee basis which means they only receive payment if they win your case. The amount they get is a percentage of the settlement or award you receive.