How a Birth Injury Attorney Can Help Families Get the Compensation They Need
Although advances in medicine have made childbirth safer than ever however, complications may still occur in the course of birth and after the birth of a baby. If you suspect that your child has suffered an injury during
birth that could have been avoided by contacting a birth injury lawyer immediately.
A firm that specializes on birth injury cases is likely to advance all litigation expenses and only be compensated if they win an award in your case.
Damages
Although advances in medicine have made birthing safer than ever before but many mothers and their infants are still at a high risk of injury for a variety of reasons. These include oxygen deprivation, head trauma and infections. These injuries can lead to permanent and traumatic disabilities like cerebral palsy. A skilled lawyer for birth injuries will help families obtain compensation for the lifetime treatment and care they need.
Your attorney will ask for all relevant medical records and reports related to your baby's injuries. They may also engage medical experts who will analyze the evidence and give an opinion in writing on whether the medical personnel who delivered your baby violated the standards of care. In a typical situation, an expert will compare medical care provided by defendant to practices generally accepted by medical professionals with similar training and experience.
Economic and non-economic damages may be awarded. Economic damages include medical costs, lost income, and property damage. Non-economic damages include emotional distress and suffering and pain. In rare instances, punitive damages may also be awarded. They are designed to punish the responsible party and deter similar behavior in the future. They differ from compensatory damages that are awarded to recover actual loss.
Medical Experts
Although advances in medicine have made childbirth more safe than ever before, there are some risks for both mother and baby. It is up to the nurses and doctors involved in the birth process to behave in a professional manner and avoid mistakes which could have catastrophic consequences for the health of both parties. When they fail to do so and cause a birth injury parents can seek compensation for their losses.
A birth injury attorney will work closely with you throughout the course of your case, starting from the initial consultation to the final resolution. They will collect evidence from you, including witness testimony and medical records. They will also solicit expert opinions from other sources such as doctors and specialists.
These experts will examine all the evidence and provide an opinion in writing on whether the injuries were by medical negligence. This will be used by the lawyer to decide on the best way to proceed.
If the medical professional agrees that there was a malpractice the lawyer will file an action against the accountable parties. This typically consists of the obstetrician who was responsible for your pregnancy and delivery and any nurses or surgeons who assisted during the birth and the hospital where the birth occurred.
Legal proceedings can be costly due to the many costs, such as those for records, expert witnesses and depositions. Your lawyer will advance these costs and then reimburse you once they have won an agreement on your behalf.
Prepare for the trial
A birth injury lawyer will take on any case where the baby was injured as a result of doctor negligence, either prior to or during or shortly after the birth. The lawyer will examine two factors when analyzing the case to determine if there evidence of medical negligence and how serious the injury.
Attorneys often consult medical experts to determine whether the injury was the result of medical malpractice. The experts will carefully examine records from the pregnancy, birth of the child and the medical treatment for the injuries later. They will also be in a position to evaluate the impact of the injuries suffered by the child on his or her future.
The experts will assist the lawyer determine which medical professionals should be included in the lawsuit. The lawyer will then send an email to the medical providers and insurers to respond to the complaint. A skilled
westlake village birth injury law firm injury attorney will be able to negotiate with insurance companies and be prepared to bring the case to trial should it be necessary.
Parents may be entitled to damages for future and past medical expenses related to the injuries suffered by their child. They could also be awarded damages for suffering and pain. These damages can add up when the child's injuries are serious. A good birth injury attorney will be able to maximize the amount of compensation that is that is awarded to parents.
Insurance Companies
While a birth injury lawsuit cannot undo what happened to your child, it could help pay for future medical expenses as well as the cost of therapy, home modifications and on-going support. The costs could seem overwhelming, but an experienced birth injury lawyer will collaborate with a team of experts to assess the financial impact on your family of an injury that you suffered and how much compensation you are entitled to.
To claim a birth injury you must first establish that your doctor and your child shared an official relationship and that he or she breached this relationship by failing to act properly prior to or during the birth of your child. You can easily demonstrate this by looking up your hospital bills and medical records.
Once this is established After this is established, the lawyer needs to identify the specific actions made by the doctor that were negligent and the impact they affected your child's health. A
holyoke birth injury attorney injury lawyer will know what to look for and how to obtain the medical documentation and expert witness testimony to prove your case.
A good birth injury lawyer will manage the complexity of your case and never require you to pay for justice. They must be able and willing to work on an hourly basis. This means they will only be paid if they win your case and their fee is a proportion of the settlement or award.