How a Birth Injury Attorney Can Help Families Get the Compensation They Need
The risk of complications can be present in the course of the birth of a baby despite advances in medical technology making it safer than ever. If you suspect that your child suffered a
birth injury attorneys injury that could have been prevented, contact a birth injury lawyer immediately.
A
firm that is specialized in cases involving birth injuries generally will advance the entire cost of a lawsuit. They will only receive payment if they are awarded compensation for your case.
Damages
Although advances in medicine have made childbirth more secure than it was previously yet many mothers and babies are still susceptible to injuries due to a variety of reasons. Head trauma and oxygen deprivation are among the most common. These injuries can lead to permanent and traumatic disabilities like cerebral palsy. A skilled birth injury lawyer can assist families in obtaining the compensation they require to cover the cost of lifelong treatment and support.
Your attorney will ask for all medical records and reports related to the injury of your baby. He or she may also engage medical experts to analyze the evidence and provide an official opinion on whether the medical professionals who delivered your baby have violated the standard of care. In a typical case an expert will assess the medical care provided by the defendant to methods that are commonly used by medical professionals who have the same experience and education.
Economic and non-economic damages can be awarded. Economic damages cover expenses like current and future medical bills, lost income and property losses. Non-economic damages include emotional distress as well as pain and suffering. In rare cases punitive damages can also be awarded. These are meant to penalize the responsible party and discourage similar behaviour in the future. They are distinct from compensatory damages which are awarded to cover actual loss.
Medical Experts
Although advances in medicine have made childbirth more secure than ever, the process still poses a risk for both baby and mother. It is up to the doctors and nurses involved in a birth to behave in a professional manner and avoid mistakes that could result in devastating consequences for the health of both parties. If they fail to follow through and cause a birth injury parents can seek compensation for their damages.
A birth injury lawyer will be in close contact with you for the duration of your case, starting from the initial consultation to the final resolution. They will gather evidence from you, like witness testimony and medical records. They will also get expert opinions from other sources such as doctors and specialists.
The experts will examine the evidence and give an official opinion on whether the injuries resulted from medical negligence. This will be used by the lawyer to decide how to proceed.
If the medical professional confirms that a mistake was committed, your lawyer will bring suit against the parties at fault. This usually includes the obstetrician who was responsible for your pregnancy and delivery, any nurses or surgeons who assisted during the delivery and the hospital where the birth took place.
The cost of a lawsuit can be high due to the costs for expert witnesses, records, and depositions. Your lawyer will cover these costs and reimburse you once they have negotiated a settlement on your behalf.
Prepare for trial
A birth injury lawyer will work any case in which the baby was injured as a result of doctor negligence, either prior to, during, or shortly after delivery. The lawyer will consider two things when reviewing the case whether there is evidence of medical negligence and how severe the injury.
Often, attorneys consult with medical experts in order to determine whether medical malpractice caused the injury. These experts will review all documents related to pregnancy, childbirth and medical treatment for injuries. They will also be in a position to assess the effect of the injuries suffered by the child on his or her future.
The experts will help the lawyer to determine which medical providers should be named in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurance companies asking them to reply to the lawsuit. A skilled birth injury attorney will know how to negotiate with insurance companies and be ready to go to trial if necessary.
Parents could be entitled to damages for past and future medical expenses related to the injuries sustained by their child. Additionally, you could be awarded damages for the pain and suffering you have endured. These damages can be substantial, especially if a child's injuries were severe. A reputable birth injury lawyer can maximize the compensation awarded to 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 as well as the cost of therapy as well as home modifications and ongoing support. These costs might appear overwhelming at first, but a skilled birth injury lawyer will work with a variety of experts to determine the financial impact of an injury on your family and how much you're entitled to compensation for these expenses.
To claim a birth injuries you must first establish that your doctor and your child have an established professional relationship and they violated this relationship by acting negligently before or during the time of your child's birth. You can easily prove this by collecting your hospital bills and medical records.
After this is established the lawyer must determine the specific actions that the doctor made that were negligent and how they impacted the health of your child. An attorney for birth injuries will know what to look for and how to obtain the medical records and expert witness testimony to support your case.
A competent
birth injury attorney will take care of all the complexities of your case and will never require you to pay out of your pocket to seek justice. They should be willing to work on a contingency basis, meaning that they only receive compensation if they prevail in your case. The amount they receive is a percentage of the settlement or award you receive.