How a Birth Injury Attorney Can Help Families Get the Compensation They Need
There are still complications that can occur during and after a child’s birth, despite medical advances making it more secure than ever. If you believe your child suffered an unavoidable birth injury, you should contact an experienced birth injury lawyer immediately.
A firm specializing in birth injury cases will typically advance all litigation expenses and only be paid if they win compensation in your case.
Damages
While advances in medicine have made childbirth safer than ever before, many mothers and their infants are still at a high risk of injury for a number of reasons. The lack of oxygen and head trauma are among the most frequent. These injuries can cause permanent and birth injury lawyer devastation to the body including cerebral palsy. An experienced birth injury lawyer can help families receive the compensation they need to pay for lifelong treatment and care.
Your attorney will request all pertinent medical records and reports relating to your baby’s injury. They may also hire medical experts to review the evidence and provide an opinion in writing on whether the medical personnel who delivered your baby have violated the standard of care. In a typical instance, an expert will examine the medical treatment provided by the defendant with the practices generally accepted by other medical professionals who have similar qualifications and experience.
Damages can be awarded for economic and non-economic losses. Economic damages include medical costs loss of income, property damage. Non-economic damages may include emotional distress, suffering. In rare instances punitive damages could also be awarded. These are meant to penalize the person who is at fault and discourage similar behaviour in the future. They are different from compensatory damages which are granted to recover actual losses.
Medical Experts
Even though medical advancements have made childbirth safer than ever before, there remain some risks for both the mother and baby. It is the responsibility of nurses and doctors involved in a delivery to be professional and avoid mistakes that could have devastating consequences for the health of both parties. Parents may be able to sue for damages if the nurses and doctors fail to act professionally during the delivery.
A birth injury lawyer will work closely with you throughout the duration of your case from the initial consultation until the final resolution. They will gather evidence from you, like witness testimony and medical records. They will also get expert opinions from other sources including doctors and specialists.
They will look 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 what to do next.
If the medical expert is of the opinion that malpractice was committed the lawyer will file a lawsuit against the responsible parties. This includes the obstetrician who was in charge of your pregnancy, and any nurses, surgeons or hospital staff who assisted during the birth.
The cost of a lawsuit are high due to the fees for expert witnesses, records and depositions. Your lawyer will advance these costs and pay you back once they have negotiated settlement on your behalf.
Preparing for Trial
A birth injury lawyer will work on any case in which the baby suffered injuries due to a doctor’s negligence, prior to or during or shortly after delivery. When examining the case, the lawyer will look at two things: whether or not there are any indications of medical negligence and the severity of the injury.
Often, the attorneys will consult with medical experts to determine if medical negligence caused the injury. These experts will review all records pertaining to the childbirth, pregnancy and medical treatment for injuries. They will also be able to evaluate the impact of the injuries suffered by the child on their future.
The experts will assist the lawyer in determining which medical professionals are to be named as defendants in the lawsuit. The lawyer will then send a letter to the medical providers and their insurers asking them to respond to the lawsuit. A reputable birth injury lawyer will be able to negotiate with insurance companies and be ready to take the case to trial should it be necessary.
Parents may be entitled for damages for past and future medical expenses that result from the injuries of their child. You may also receive damages for your pain and suffering. These damages can add up when the child’s injuries are serious. An experienced birth injury lawyer can help maximize the amount of compensation given to parents.
Insurance Companies
A birth injuries injury lawsuit can’t repair the harm caused to your child but it could help cover future medical expenses therapy, Birth injury lawyer home modifications, and ongoing support. These costs can seem overwhelming, but a seasoned birth injury lawyer will collaborate with a number 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 claim is to establish that the doctor who handled your case had an established professional relationship with you and your child. They must also prove that they violated this relationship by acting negligently prior to or during the child’s birth. It is easy to prove this by collecting your hospital bills and medical records.
Once this is established the lawyer will have to identify the specific actions the doctor performed that were negligent and how these affected the health of your child. A birth injury lawyer will know what to look for and how to obtain the medical evidence and expert witness testimony needed to establish your case.
A reputable birth injury lawyer will take care of the many complexities of your case and will not require you to pay out of pocket to pursue justice. They should be able to work on a contingency basis which means that they get paid if they win your case. The amount they earn is a percentage of the settlement or award you receive.