How a Birth Injury Attorney Can Help Families Get the Compensation They Need
Complications can still occur during and after the birth of a child despite advances in medical technology making it safer than ever. If you suspect that your child suffered an injury during birth that could have been avoided from happening, consult a birth injury lawyer right away.
A firm that is specialized in cases involving birth injuries generally will advance all legal costs and only get paid when they are awarded compensation for your case.
Damages
While medical advances have made childbirth safer than ever before however, mothers and their babies are still at risk of risk of injury for a variety of reasons. This includes oxygen deprivation, head trauma and infections. These injuries can result in devastating disabilities like cerebral palsy. A reputable birth injury lawyer will help families obtain an award for the lifelong treatment and medical care they require.
Your lawyer will request all pertinent medical records and reports related to your baby’s injury. He or she may also engage medical experts who will analyze the evidence and provide an official opinion as to whether the medical personnel who delivered your baby did not follow the standards of care. In a typical case, an expert will compare medical care provided by the defendant to methods that are commonly used by medical professionals with similar experience and qualifications.
Economic and non-economic damages are able to be awarded. Economic damages may include medical expenses, lost income, and property damage. Non-economic damages could include emotional distress and suffering. In rare instances punitive damages can also be awarded. These are intended to punish the at-fault party and deter similar conduct in the future. They are distinct from compensation damages that are given to compensate for actual losses.
Medical Experts
While advances in medicine have made childbirth safer than ever before, there are still some risks for both mother and baby. It is the responsibility of nurses and doctors involved in the delivery to behave professionally and to avoid making mistakes that could cause devastating harm for both the baby and mother’s health. Parents can claim damages if nurses and doctors fail to behave appropriately during the delivery.
From the initial consultation up to the final resolution An attorney for birth injuries will be closely involved in your case. They will gather evidence from you like medical records and birth injury attorney witness testimony, and also obtain expert opinions from various sources, including other specialists and doctors.
They will look over the evidence and provide a formal opinion as to whether the injuries resulted from medical negligence. This will be utilized by the lawyer to decide what to do next.
If the medical expert is of the opinion that there was a malpractice, your lawyer will file an action against the accountable parties. This usually includes the obstetrician 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.
Lawsuits can be expensive due to the many fees such as those for records, expert witnesses and depositions. Your lawyer will cover these costs and reimburse you once they have negotiated a settlement on your behalf.
Prepare for Trial
Typically, a birth injury lawyer takes cases where the infant was injured due to doctor negligence before or shortly after delivery. The lawyer will examine two factors when analyzing the case: whether there evidence of medical negligence and how severe the injury.
Often, lawyers will consult with medical experts to determine if a medical error led to the injury. These experts will carefully review the records of the pregnancy, birth injury law firm of the child and the medical treatment received for the injuries that occurred afterward. They will also be able to assess the effects of the injuries sustained by the child on their future.
The experts will help the lawyer identify the medical providers that should be included in the lawsuit. The lawyer will issue a letter asking the medical providers and insurers to respond to the claim. A good birth injury attorney will know how to negotiate with insurance companies and be prepared to take the case to trial should it be necessary.
Parents may be entitled for birth injury attorney damages for future and past medical expenses that result from the injuries suffered by their child. You may also receive damages for your pain and suffering. These damages can be significant particularly if the child’s injuries were serious. A good birth injury attorney will be able to maximize the amount of money that is awarded to parents.
Insurance Companies
A birth injury lawsuit isn’t able to undo the damage done to your child, but it can help pay for future medical costs therapy, home modifications, and ongoing support. These costs can seem overwhelming, but a seasoned birth injury lawyer will work with a team of experts to assess the financial impact on your family of a specific injury and how much compensation you are entitled to.
To file a claim for birth injury it is necessary to prove that your doctor and your child had a professional relationship and that they breached that relationship by acting negligently before or during the time of your child’s birth. This is easy to prove by obtaining your medical documents and hospital bills.
Once this is established, the lawyer will need to determine the specific actions that the doctor took that were negligent and how they affected your child’s health. A birth injury lawyer can help you locate the medical records along with expert witness testimony and other evidence that can be used to prove your claim.
A reputable birth injury lawyer will handle the complexity of your case and never require you to pay for justice. They should be willing to work on a contingency 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.