How a Birth Injury Attorney Can Help Families Get the Compensation They Need
Complications can still occur in the course of the birth of a baby despite the advancements in medicine that make it safer than ever. If you suspect that your child suffered from a preventable birth injury, contact an experienced
birth injury attorneys injury attorney immediately.
A firm that specializes in birth injury cases will generally advance all legal costs and only receive payment if they receive compensation for your case.
Damages
While medical advances have made childbirth safer than ever before however, mothers and their infants are at a higher risk of injury for a variety reasons. The lack of oxygen and head trauma are among the most common. These injuries can cause devastating disabilities, such as cerebral palsy. A good
birth injury attorney can assist families in obtaining the compensation they need to cover lifelong medical treatment and support.
Your attorney will ask for all medical records and reports that relate to the injury suffered by your baby. He or she will also hire medical experts to examine the evidence and give a formal opinion about whether the medical professionals involved in your baby's birth violated the standard of care. In the typical scenario, an expert will examine the medical care offered by the defendant with practices that are commonly used by medical experts with similar training and experience.
Damages can be awarded for both economic and non-economic losses. Economic damages are for expenses like current and future medical bills, lost income and property losses. Non-economic damages include emotional distress, suffering and pain. In rare circumstances, punitive damages can also be awarded. These are intended to punish the party at fault and discourage similar conduct in the future. They are distinct from compensatory damages which are awarded to compensate for actual loss.
Medical Experts
Although medical advances have made childbirth more secure than ever, the procedure still involves some risk for both the mother and the baby. It is the responsibility of nurses and doctors involved in the delivery to act professionally, and to avoid making mistakes that could cause devastating harm for both mother and baby's health. When they fail to do so and cause a
birth injury law firms injury parents may seek compensation for their damages.
A birth injury attorney will be in close contact with you for the duration of your case, beginning from the initial consultation through to the final resolution. They will collect evidence from you, such as witness testimony and medical records. They will also seek expert opinions from other sources including doctors and specialists.
These experts will review all the evidence, and provide a formal opinion on whether the injuries were caused by medical negligence. This will be utilized by the lawyer to determine what to do next.
If a medical professional confirms that a mistake occurred Your lawyer will file suit against the parties responsible. This includes the obstetrician who was in charge of your pregnancy as well as any nurses, surgeons or hospital staff who assisted during the delivery.
The cost of a lawsuit may be high due to the costs for expert witnesses, documents, and depositions. Your lawyer will cover these costs and then reimburse you once they have negotiated a settlement on your behalf.
Prepare for the trial
Generally, a birth injury lawyer takes cases where the baby suffered injuries caused by negligence of a doctor prior, during or shortly after delivery. The attorney will look at two things when reviewing the case whether there is evidence of medical negligence, and how severe the injury is.
Often, lawyers will consult with medical experts to determine if medical negligence led to the injury. The experts will carefully examine the records of the pregnancy, birth of the child and the medical treatment for the injuries later. They will also be able to examine the effects of the injuries on the child as well as his or her future.
The experts will assist the lawyer identify the medical providers that should be named in the lawsuit. The lawyer will then send a letter the medical providers and their insurance companies asking them to reply to the claim. A good birth injury attorney will be able to negotiate with the insurance companies and be ready to go to trial if needed.
Parents may be entitled to damages for past and future medical expenses that result from the injuries suffered by their child. They may also be awarded damages for their pain and suffering. These damages can be significant in the event that the child's injuries are severe. A good birth injury attorney can maximize the amount of compensation paid to the parents.
Insurance Companies
While a birth injury lawsuit can't undo the harm that was done to your child, it could be used to pay for future medical expenses, the cost of therapy, home modifications, and ongoing support. These costs might seem overwhelming at first, but a good birth injury attorney will collaborate with a variety of experts to calculate the financial impact of a specific injury on your family and how much you are legally entitled to receive compensation for these costs.
The first step in a birth injury lawsuit is to prove that the doctor who handled your case had an established professional relationship with your child and you, and that they breached the relationship by acting negligently prior to or during the child's birth. You can easily prove this by obtaining your medical bills and hospital bills.
Once this is established the lawyer needs to identify the specific actions the doctor took that were negligent and how they affected your child's health. A birth injury attorney will know what to look for and where to obtain the medical documentation and expert witness testimony needed to prove your case.
A good birth injury attorney will handle all the complexities of your case and should not require you to pay out of pocket to pursue justice. They must be able and willing to work on a contingent fee basis. This means that they only be paid if they win your case, and their fee is a percentage of the settlement or award.