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 child despite advances in medical technology that make it safer than ever. If you suspect your child was injured due to a birth injury, consult an experienced birth injury attorney immediately.
A firm that focuses on birth injuries will typically advance all litigation expenses and only be compensated if they obtain settlement in your case.
Damages
While advances in medicine have made childbirth a lot safer than it used to be however, many mothers and infants are still susceptible to injuries resulting from a variety reasons. Head trauma and oxygen deprivation are among the most common. These injuries can lead to permanent and devastation to the body such as cerebral palsy. A good
birth injury attorney will assist families to receive the compensation they require to cover lifelong medical treatment and support.
Your attorney will ask for all medical records and other reports pertaining to the injuries suffered by your baby. He or she will also engage medical experts to analyze the evidence and provide an opinion regarding whether the medical personnel involved in the birth of your baby violated the standard of medical care. In a typical case an expert will compare medical care provided by the defendant to practices that are commonly used by medical experts with similar experience and qualifications.
Economic and non-economic damages may be awarded. Economic damages can include medical expenses as well as lost income and property damage. Non-economic damages include emotional distress and suffering and pain. In rare instances the punitive damages might be awarded. They are intended to penalize the at-fault party and prevent similar conduct in the future. They are distinct from compensation damages that are awarded to recover actual losses.
Medical Experts
Although advances in medicine have made childbirth safer than ever before, there are certain risks for both mother and baby. It is the responsibility of the nurses and doctors who are involved in the delivery to behave professionally and to avoid making mistakes that could cause devastating harm for both baby and mother's health. When they fail to act accordingly and cause birth injuries parents can seek compensation for their damages.
A birth injury attorney will be in close contact with you throughout the entire duration of your case, beginning from the initial consultation to the final resolution. They will gather evidence from you, including witness testimony and medical records. They will also obtain expert opinions from other sources, including doctors and specialists.
They will look over the evidence and give an official opinion on whether the injuries resulted from negligence on the part of a medical professional. This will be used by the lawyer to decide what to do next.
If a medical professional confirms that a mistake occurred your lawyer will file a suit against the responsible parties. This typically consists of the obstetrician who was responsible for your pregnancy and delivery, any nurses or surgeons who assisted in the delivery, as well as the hospital in which the birth took place.
The cost of litigation can be quite high due to the many costs, such as those for documents, expert witnesses, and depositions. Your lawyer will pay for these expenses, and will reimburse you once they settle your case.
Preparing for the Trial
In general, a birth injury lawyer will take on cases where the infant was injured caused by negligence of a doctor prior, during or shortly after delivery. When reviewing the case, the attorney will consider two things: whether there are any indications of medical negligence as well as the extent of the injury.
Often, attorneys consult with medical experts to determine if a medical error led to the injury. The experts will go through all records pertaining to the birth, pregnancy, and medical treatment for injuries. They will also be in a position to determine the effects of the injuries suffered by the child on his or her future.
The experts will assist the lawyer identify which medical professionals should be named in the lawsuit. The lawyer will send an email to the medical providers and insurers to respond to the claim. A good birth injury attorney will be able to negotiate with the insurance companies and be ready to make the case go to trial if necessary.
Parents may be entitled for damages for past and future medical expenses that result from the injuries of their child. They may also be able to claim damages for their pain and suffering. These damages can be significant, especially if a child's injuries were severe. A good birth injury attorney can help maximize the amount of money awarded to the parents.
Insurance Companies
Although a lawsuit for birth injuries will not reverse the damage that occurred to your child, it may be used to pay for future medical expenses as well as the cost of therapy, home modifications, and ongoing support. These costs may seem overwhelming, but a knowledgeable birth injury lawyer will work with a team of experts to assess the financial impact on your family due to an injury, and how much compensation you are entitled to.
The first step in a birth injury claim is to establish that the doctor involved in your case had a professional relationship with your child and you, and that they breached that relationship by acting negligently during or before the child's birth. This is easy to prove through the collection of your medical documents and hospital bills.
Once this is established, the lawyer will need determine the specific actions taken by the doctor who were negligent and the effect they caused to your child's well-being. A birth injury attorney will know what to look for and how to obtain the medical documentation and expert witness testimony to support your case.
A good birth injury attorney will take care of all the complexities of your case. They should never ask you to pay out of pocket to pursue justice. They should work on a contingency basis which means they only receive payment if they win your case. The amount they earn is a portion of the settlement or award you receive.