How a Birth Injury Attorney Can Help Families Get the Compensation They Need
Complications are still possible in the course of a child's birth despite the advancements in medicine making it more secure than ever. If you suspect that your child suffered from a preventable birth injury, consult an experienced attorney for birth injuries immediately.
A firm that is specialized in cases involving birth injuries will typically advance all costs associated with a lawsuit and only get paid when they receive compensation for your case.
Damages
While advances in medicine have made childbirth more secure than ever before however, mothers and their infants are at a higher danger of injury due variety of reasons. These include oxygen deprivation head trauma, and infections. These injuries can cause catastrophic disabilities like cerebral palsy. An experienced attorney for birth injuries can help families receive the compensation they need to pay for lifelong treatment and care.
Your lawyer will request all medical records and other reports pertaining to the injury of your baby. He or she will also engage medical experts to review the evidence and give an opinion regarding whether the medical professionals involved in the delivery of your baby violated the standard of medical care. In a typical situation, an expert will evaluate the medical treatment provided by the defendant to practices commonly accepted by medical professionals who have the same experience and education.
Damages are awarded for economic and non-economic losses. Economic damages may include medical expenses, lost income and property damage. Non-economic damages include emotional distress as well as pain and suffering. In rare cases punitive damages may also be awarded. They are intended to penalize the at-fault party and prevent similar conduct in the future. They are distinct from compensatory damages which are awarded to recover actual loss.
Medical Experts
Although advances in medicine have made childbirth safer than ever before, the process still poses a risk for mother and baby. It is the responsibility of nurses and doctors who are involved in the delivery to act professionally and avoid making mistakes that could have devastating consequences for the health of both parties. If they fail to do this and cause birth injuries parents may seek compensation for their losses.
An attorney for birth injuries will work closely with you throughout the entire duration of your case from the initial consultation until the final resolution. They will collect evidence from you, such as witness statements and medical records, and also obtain expert opinions from numerous sources including other specialists and doctors.
The experts will go over all evidence and provide an official opinion on whether the injuries are by medical negligence. This will be utilized by the lawyer to determine how to proceed.
If the medical expert agrees that there was a malpractice and your lawyer files an action against the accountable parties. This usually includes the obstetrician who was responsible for the delivery and pregnancy and any nurses or surgeons who helped during the delivery, as well as the hospital in which the birth took place.
The cost of a lawsuit can be high as a result of the many fees like those for records, expert witnesses and depositions. Your lawyer will pay for these expenses, and will reimburse you once they settle your case.
Preparing for a trial
In general,
birth injuries a birth injuries lawyer is a person who handles any case in which the infant suffered injuries caused by negligence of a doctor prior, during or shortly after the birth. The lawyer will examine two factors when analyzing the case: whether there evidence of medical negligence, and
Birth Injuries how severe the injury.
In most cases, attorneys consult with medical experts in order to determine whether medical malpractice led to the injury. The experts will carefully examine documents from the pregnancy, birth of the child and the medical treatment that was received for the injuries later. They will also be able to examine the effects of the injuries on the child and the future of the child.
The experts will help the lawyer determine the medical providers to be named as defendants in the lawsuit. The lawyer will then send a letter asking the medical providers and insurers to respond to the claim. A reputable attorney for
birth injury law firms injuries will be able to negotiate with the insurance companies and will be ready to go to trial if needed.
Parents may be entitled for damages for past and future medical expenses related to the injuries sustained by their child. They could also receive damages for pain and suffering. These damages can add up when the child's injuries are severe. An experienced attorney for birth injuries will be able to maximize the amount of compensation that is paid to the parents.
Insurance Companies
Although a lawsuit for birth injuries can't undo the harm that was done to your child, it can cover future medical expenses, the cost of therapy, home modifications and on-going support. These expenses may seem overwhelming, but an experienced birth injury lawyer will work with a variety of experts to determine the financial impact on your family's finances from the injury you sustained and how much compensation you are entitled to.
The first step in a
birth injury lawyers injury claim is to prove that the doctor involved in your case had a professional relationship with your child and you, and that they violated the relationship by acting negligently prior to or during the child's birth. You can easily demonstrate this by looking up your medical bills and hospital bills.
Once this is established, the lawyer will need identify the specific actions taken by the doctor who was negligent and the effect they had on the health of your child. An attorney for
birth injuries will know what to look for and how to obtain the medical evidence and expert witness testimony to support your case.
A good birth injury lawyer will deal with the details of your case and never ask you to pay for justice. They should work on a contingent fee basis which means that they only get paid if they win your case and the amount they get is a percentage of the settlement or award you receive.