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 advances in medical technology making it safer than ever. If you suspect your child suffered from a preventable birth injury, contact an experienced birth injury attorney immediately.
A firm that specializes in birth injury cases generally advances all costs associated with a lawsuit and only be paid if they receive compensation for your case.
Damages
Although advances in medicine have made childbirth more secure than it was before but many mothers and their babies are still at high risk of injury due to a variety reasons. These include oxygen deprivation head trauma and infections. These injuries can result in lasting and severe disabilities like cerebral palsy. A skilled birth injury lawyer can assist families in obtaining an award for the lifelong medical and treatment they require.
Your lawyer will seek all relevant medical records and reports relating to the injury your baby sustained. They will also engage medical experts to examine the evidence and give an official opinion on whether the medical professionals involved in the birth of your baby did not meet the standards of care. In a typical situation, an expert will compare medical care offered by the defendant with practices generally accepted by medical professionals who have the same experience and education.
Damages are awarded for economic and non-economic losses. Economic damages cover expenses including future and present medical bills, lost income, and property losses. Non-economic damages may include emotional distress, suffering. In rare cases, punitive damages may also be awarded. They are intended to punish the at-fault party and deter similar conduct in the future. These are separate from the compensatory damages given to compensate for actual losses.
Medical Experts
Even though medical advances have made childbirth more secure than ever, the procedure still poses a risk for both baby and mother. It is the responsibility of doctors and nurses involved in a birth to act professionally and avoid mistakes that could have devastating consequences for the health of both parties. Parents may be able to sue for damages if the doctors and nurses fail to act professionally during a delivery.
An attorney for
birth injuries will work closely with you throughout the entire duration of your case, beginning from the initial consultation to the final resolution. They will collect evidence from you, including witness testimony and medical records. They will also seek expert opinions from other sources like doctors and specialists.
They will look over the evidence and offer an official opinion on whether the injuries resulted from negligence on the part of a medical professional. This will be utilized by the lawyer to determine what to do next.
If the medical professional believes that a malpractice occurred your lawyer will bring suit against the parties responsible. This typically consists of the obstetrician responsible for your pregnancy and delivery as well as any surgeons or nurses who helped during the delivery and the hospital in which the birth took place.
The costs of a lawsuit may be expensive due to the charges for expert witnesses, records, and depositions. Your lawyer will pay these expenses and then reimburse you once they settle your case.
Prepare for trial
Typically, a birth injury lawyer takes every case where the infant was injured due to doctor negligence before, during or shortly after delivery. The lawyer will take into consideration two aspects when evaluating the case to determine if there is evidence of medical negligence and how severe the injury.
Attorneys often consult medical experts to determine whether the injury was caused by medical malpractice. They will look over all records related to the pregnancy, childbirth, and medical treatment for injuries. They will also be able to analyze the effects of injuries on the child and his or her future life.
The experts will help the lawyer determine which medical providers are to be named as defendants in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurers and ask them to respond to the claim. A skilled birth injury attorney will know how to negotiate with the insurance companies and be prepared to make the case go to trial if needed.
Parents may be entitled to damages for medical expenses related to the injuries suffered by their child. They may also be awarded damages for pain and suffering. These damages could be substantial in the event that a child's injuries were severe. A good birth injury attorney can help maximize the amount of compensation that is given to parents.
Insurance Companies
A
birth injury law firms injury lawsuit can't erase the harm done to your child but it can help pay for future medical expenses therapies, home modifications, and ongoing support. These expenses may seem overwhelming at first however, a reputable birth injury attorney will work with a variety of experts to assess the financial impact of a specific injury on your family, and what amount you are entitled to receive in compensation for these expenses.
The first step in a birth injury claim is to establish that the doctor in your case had an professional relationship with your child and you, and that they breached that relationship by acting negligently before or during your child's delivery. It is easy to 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 made by the doctor that were negligent and the effect they caused to your child's well-being. An attorney for birth injuries will know what to look for and where you can get the medical documentation and expert witness testimony to demonstrate your case.
A good birth injury attorney will take care of all the complexities of your case. They should not require you to pay out of your pocket to seek justice. They should be able to work on a contingency fee basis which means that they only be paid if they succeed in winning your case. The amount they receive is a percentage of the settlement or award you receive.