How a
Birth Injury Attorney Can Help Families Get the Compensation They Need
Although advances in medicine make childbirth more secure than ever before however, complications can still happen during and after the birth of the baby. If you suspect your child was injured due to a birth injury, speak to an experienced birth injury lawyer immediately.
A firm that is specialized in cases involving birth injuries generally will advance all lawsuit expenses and only receive payment if they receive compensation for your case.
Damages
While medical advances made childbirth more secure than it was before but many mothers and their infants are still at a high danger of injury due variety reasons. Head trauma and oxygen deprivation are among the most common. These injuries can result in permanent and devastation to the body including cerebral palsy. An experienced birth injury lawyer can help families get the compensation they need to pay for lifelong treatment and care.
Your lawyer will request all relevant medical records and reports related to the injury your baby sustained. He or she may also hire medical experts to review the evidence and give an opinion in writing on whether the medical personnel who delivered your baby did not follow the standards of care. In a typical case, an expert will examine the medical care offered by the defendant with the practices commonly accepted by other medical professionals with similar training and experience.
Damages can be awarded for both economic and non-economic losses. Economic damages can cover expenses such as current and future medical bills, lost income and property loss. Non-economic damages include emotional distress, pain and 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. They are different from compensatory damages which are granted to recover actual losses.
Medical Experts
While 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 doctors and nurses who are involved in the birth to be professional and to avoid making mistakes that can have devastating consequences for both baby and mother's health. When they fail to follow through and cause birth injuries parents can seek compensation for their damages.
A birth injury lawyer will work closely with you throughout the entire duration of your case, beginning from beginning with the initial consultation until final resolution. They will gather evidence from you, including witness testimonies and medical records and will also seek expert opinions from various sources, including other specialists and doctors.
They will look over the evidence and give an official opinion on whether the injuries were the result of medical negligence. The lawyer will then use this to decide how best to proceed.
If a medical professional is of the opinion that malpractice was committed, your lawyer will file a lawsuit against those responsible parties. This includes the obstetrician in charge of your pregnancy, any nurses, surgeons or hospital staff who were involved in the delivery.
The cost of a lawsuit can be high because of the many fees like the cost of records, expert witnesses and depositions. Your lawyer will advance these costs and then reimburse you when they have negotiated an agreement on your behalf.
Preparing for trial
In general, a birth injuries lawyer takes any case in which the infant suffered injuries due to doctor negligence before, during or shortly after the birth. The lawyer will consider two factors when analyzing the case to determine if there evidence of medical negligence and how severe the injury.
Often, lawyers will consult with medical experts to determine whether medical malpractice caused the injury. They will look over all records pertaining to the birth, pregnancy, and medical treatment for injuries. They will also be able to determine the effects of the injuries sustained by the child on their future.
The experts will assist the lawyer decide which medical professionals should be named in the lawsuit. The
lawyer will then send a letter the medical providers and their insurers asking them to respond to the claim. A reputable birth injury lawyer will be able to negotiate with the insurance companies and will be ready to bring the case to trial if necessary.
Parents could be entitled to damages for past and future medical costs related to the injuries sustained by their child. You could also be entitled to compensation for pain and suffering. The amount of damages could be substantial particularly if the child's injuries are serious. An experienced
birth injury law firm injury lawyer can maximize the amount of money that is 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, the cost of therapy, home modifications, and ongoing support. These costs may seem overwhelming at first but a good birth injury lawyer will work with a variety of experts to assess the financial impact of any injury on your family and what amount you are legally entitled to receive compensation for these costs.
To file a claim for birth injuries first, you must prove that your doctor and your child have an established professional relationship and the doctor violated this relationship by acting negligently before or during the birth of your child. This may be easy to prove by obtaining your medical records and hospital bills.
After this is established the lawyer will need to identify the specific actions the doctor made that were negligent and how these impacted the health of your child. A birth injury lawyer will know what to look for and where you can get the medical records and expert witness testimony needed to establish your case.
A reputable birth injury lawyer will take care of the many complexities of your case. They will never ask you to pay out of your pocket to seek justice. They should be willing to work on a contingent fee basis, meaning that they only receive compensation if they prevail in your case and the amount they receive is a percentage of the settlement or award you receive.