How a
Birth Injury Attorney Can Help Families Get the Compensation They Need
Although medical advances make birthing safer than ever before however, complications may still occur after the birth of the baby. If you suspect your child was injured due to a birth injury, you should contact an experienced birth injury lawyer immediately.
A firm specializing in birth injury cases is likely to advance all litigation expenses and only be paid when they receive the case and receive compensation.
Damages
Although medical advances have made childbirth a lot safer than it was previously but many mothers and their babies are still at risk of injuries from a variety of reasons. This includes oxygen deprivation, head trauma, and infections. These injuries can result in devastating disabilities like cerebral palsy. An experienced birth injury lawyer will assist families to receive the compensation they require to fund lifelong care and support.
Your attorney will ask for all medical records and reports relevant to the injuries sustained by your baby. The attorney may also engage medical experts who will analyze the evidence and provide an official opinion as to whether the medical professionals who delivered your baby violated the standard of care. In a typical case an expert will compare the medical treatment offered by the defendant with the practices generally accepted by other medical professionals who have similar training and experience.
Economic and non-economic damages can be awarded. Economic damages include medical costs, lost income, and property damage. Non-economic damages may include emotional distress as well as suffering and pain. In rare circumstances, punitive damages may also be awarded. These are meant to penalize the party at fault and discourage similar conduct in the future. They are distinct from compensation damages that are given to compensate for actual losses.
Medical Experts
Although medical advances have made childbirth more secure than ever before, the process is not without risk for both mother and child. It is up to the doctors and nurses who are involved in the delivery to behave professionally and avoid mistakes that could cause catastrophic harm for the health of both parties. When they fail to do this and cause a birth injury, parents can seek compensation for their losses.
A
birth injury law firm injury lawyer will be in close contact with you throughout the entire duration of your case from the initial consultation to the final resolution. They will gather evidence from you, including witness testimonies and medical records and also get expert opinions from numerous sources including other doctors and specialists.
The experts will examine the evidence and offer a formal opinion as to whether the injuries resulted from medical negligence. This will be used by the lawyer to decide what to do next.
If a medical professional is of the opinion that malpractice was committed, your lawyer will file an action against the accountable 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 where the birth took place.
The costs of a lawsuit may be high due to the costs for expert witnesses, records, and depositions. Your lawyer will pay these expenses and then reimburse you once they settle your case.
Preparing for trial
A birth injury lawyer will take on any case in which the baby was injured as a result of doctor negligence, before, during, or shortly after delivery. In analyzing the case the lawyer will look at two aspects: whether there any evidence of medical negligence and the severity of the injury.
Often, attorneys consult with medical experts in order to determine whether medical malpractice led to the injury. The experts will go through all records pertaining to the childbirth, pregnancy and medical treatment for injuries. They will also be in a position to assess the effects of the injuries suffered by the child on their future.
The experts will help the lawyer determine the medical providers to be named as defendants in the lawsuit. The lawyer will issue an email to the medical providers and insurers to respond to the complaint. A reputable birth injury lawyer will know how to negotiate with insurance companies and will be ready to make the case go to trial should it be necessary.
Parents may be entitled for damages for future and past medical expenses related to the injuries suffered by their child. They could also receive damages for their pain and suffering. The amount of damages could be substantial particularly if the child's injuries are serious. An experienced
birth injury lawyer can maximize the amount of compensation awarded to the parents.
Insurance Companies
Although a lawsuit for birth injuries will not reverse the damage that occurred to your child, it may help pay for future medical expenses and the cost of therapy, home modifications, and ongoing support. These costs may seem daunting, but a skilled birth injury lawyer will collaborate with a team of experts to assess the financial effects on your family from a specific injury and how much compensation you are entitled to.
To claim a birth injuries you must first establish that your doctor and your child shared an professional relationship, and that they breached that relationship by not acting appropriately prior to or during the time of your child's birth. It is easy to demonstrate this by looking up your hospital bills and medical records.
Once this has been established the lawyer will need to determine what specific actions the doctor took that were negligent and how they impacted the health of your child. A birth injury lawyer will know what to look for and where to obtain the medical documentation and expert witness testimony needed to support your case.
A reputable birth injury lawyer will handle all the complexities of your case. They will never ask you to pay out of pocket to pursue justice. They should work on a basis of contingency fees which means that they only be paid if they succeed in winning your case. The amount they earn is a percentage of the settlement or award you receive.