How a Birth Injury Attorney Can Help Families Get the Compensation They Need
The risk of complications can be present in the course of a child's birth despite the advancements in medicine that make it safer than ever. If you believe your child suffered an injury to their birth that could have been prevented from happening, consult a birth injury lawyer immediately.
A firm that specializes on
birth injury lawsuits injury cases will usually advance all litigation expenses and only pay when they receive an award in your case.
Damages
While medical advances have made childbirth more secure than ever before but mothers and babies are still at high risk of injury due to variety of reasons. These include oxygen deprivation, head trauma and infections. These injuries can result in lasting and severe disabilities such as cerebral palsy. A skilled birth injury lawyer can help families receive the compensation they need to fund lifelong care and support.
Your attorney will ask for all medical records and reports relevant to the injury suffered by your baby. The attorney may also engage medical experts to review the evidence and give an opinion in writing on whether the medical personnel who delivered your child violated the standard care. In a typical case, an expert will assess the medical care offered by the defendant with the practices commonly accepted by other medical professionals who have similar education and experience.
Economic and non-economic damages may be awarded. Economic damages include medical expenses as well as lost income and property damage. Non-economic damages could include emotional distress, pain and suffering. In rare instances punitive damages could also be awarded. These are meant to penalize the responsible party and discourage similar conduct in the future. They are distinct from compensatory damages, which are awarded to recover the actual loss.
Medical Experts
Although advances in medicine have made childbirth safer than ever, the procedure still involves some risk for both mother and child. It is the responsibility of doctors and nurses involved in a birth to be professional and avoid making mistakes that could have devastating consequences for the health of both parties. If they fail to do so and cause
birth injuries, parents can claim compensation for the damage.
An attorney for birth injuries will work closely with you for the duration of your case, from beginning with the initial consultation until final resolution. They will gather evidence from you such as medical records and witness testimony as well as seek expert opinions from many sources, including other doctors and specialists.
The experts will analyze the evidence and provide an official opinion on whether the injuries were caused by medical negligence. The lawyer will then use this to decide how best to proceed.
If the medical expert is of the opinion that malpractice occurred the lawyer will file suit against the parties at fault. This includes the obstetrician in charge of your pregnancy, as well as any nurses, surgeons or hospital personnel who helped during the delivery.
The cost of a lawsuit can be high due to the costs for expert witnesses, records, and depositions. Your lawyer will pay for these costs, and then reimburse you after they have settled your case.
Prepare for Trial
Typically, a birth injury lawyer will take on any case in which the infant was injured due to doctor negligence before, during or shortly after delivery. When reviewing the case, the lawyer will be looking at two aspects: whether there are any indications of medical negligence and the severity of the injury.
Attorneys frequently consult with medical experts to determine if the injury was caused by medical malpractice. Experts will examine all documents related to birth, pregnancy, and medical treatment for injuries. They will also be able to assess the effect of the injuries suffered by the child on their future.
The experts will assist the lawyer in identifying which medical providers are to be named as defendants in the lawsuit. The lawyer will then send a letter to the medical providers and their insurers and ask them to respond to the claim. A reputable birth injury lawyer will know how negotiate with insurance companies and be prepared to go to trial should it be necessary.
Parents could be entitled to damages for future and past medical costs related to the injuries suffered by their child. They may also be able to claim damages for suffering and pain. These damages can mount up in the event that the child's injuries are severe. An experienced attorney for birth injuries will be able to maximize the amount of compensation paid to the parents.
Insurance Companies
While a
birth injury lawsuit cannot undo what happened to your child, it could cover future medical expenses and the cost of therapy or home modifications as well as ongoing support. The costs could seem overwhelming at first, but a skilled birth injury lawyer will collaborate with a variety of experts to calculate the financial impact of a particular injury on your family, and the amount you are legally entitled to receive compensation for these costs.
The first step in a birth injury claim is to prove that the doctor in your case had an official relationship with you and your child, and that they violated this relationship by acting negligently before or during the child's birth. You can easily prove this by obtaining your hospital bills and medical records.
Once this is established after this is established, the lawyer must identify the specific actions taken by the doctor that were negligent and the effect they had on your child's wellbeing. An attorney for birth injuries will know what to look for and where to get the medical records and expert witness testimony needed to prove your case.
A good birth injury lawyer will handle the complexity of your case and will never demand you to pay for justice. They should be able and willing to work on an hourly basis. This means that they only get paid when they win your case and their fee is a percentage from the settlement or award.