How a Birth Injury Attorney Can Help Families Get the Compensation They Need
Although advances in medicine make birthing safer than ever before however, complications may still occur during and after the birth of a baby. If you suspect that your child has suffered injuries to the birth that could have been avoided by contacting a birth injury lawyer immediately.
A firm specializing in birth injuries will typically advance all litigation expenses and only pay if they obtain settlement in your case.
Damages
Although advances in medicine have made childbirth a lot safer than it was previously yet many mothers and babies are still susceptible to injuries from a variety of reasons. This includes oxygen deprivation, head trauma and infections. These injuries can cause devastating disabilities, such as cerebral palsy. A skilled lawyer for birth injuries can assist families in obtaining compensation for the ongoing treatment and care they need.
Your attorney will ask for all medical records and other reports pertaining to the injuries sustained by your baby. They may employ medical experts who will review the evidence and provide an opinion in writing on whether the medical professionals who delivered your baby violated the standard care. In a typical case, an expert will assess the medical treatment offered by the defendant with the practices generally accepted by other medical professionals who have similar training and experience.
Damages can be awarded for both economic and non-economic losses. Economic damages include medical costs as well as lost income and property damage. Non-economic damages include emotional distress, suffering and pain. In rare instances punitive damages can also be awarded. They are intended to punish the party at fault and discourage similar conduct in the future. These are different from compensatory damages, which are awarded to recover the actual losses.
Medical Experts
While advances in medicine have made childbirth more safe than ever before, there are still certain risks for both mother and baby. It is the responsibility of the nurses and doctors involved in the delivery to act professionally, and to avoid making mistakes that could have disastrous consequences for both the baby’s and mother’s health. Parents can sue for damages if doctors and nurses do not behave professionally during a delivery.
From the first consultation to the final resolution An attorney for birth injuries will closely assist you with your case. They will gather evidence from you, such as witness testimony and medical records. They will also obtain expert opinions from other sources including doctors and specialists.
These experts will review the evidence and provide an official opinion on whether the injuries resulted from negligence on the part of a medical professional. The lawyer will use this to determine how to proceed.
If the medical expert believes that a malpractice occurred your lawyer will bring suit against the parties at fault. This includes the obstetrician in charge of your pregnancy as well as any nurses, surgeons, or hospital personnel who assisted during the birth.
The costs of a lawsuit are high due to the fees for expert witnesses, records, and depositions. Your lawyer will cover these costs and then reimburse you when they have negotiated an agreement on your behalf.
Preparing for trial
Generally, a birth injury lawyer is a person who handles every case where the baby suffered injuries due to negligence of a doctor prior to or shortly after birth. When reviewing the case the lawyer will look at two things: whether or not there is evidence of medical negligence as well as the severity of the injury.
Often, lawyers will consult with medical experts to determine if a medical error injuries caused the injury. These experts will review all documentation related to birth, pregnancy, and medical treatment for injuries. They will also be able analyze the effects of injuries on the child and the future of the child.
The experts will help the lawyer decide the medical providers that should be named in the lawsuit. The lawyer will send a letter to the medical providers and their insurance companies asking them to reply to the lawsuit. A reputable birth injury lawyer will know how work with insurance companies and be ready to take on trial should it be necessary.
Parents may be entitled to damages for medical expenses resulting from the injuries sustained by their child. You may also receive damages for the pain and suffering you have endured. These damages could be substantial when the child’s injuries were serious. An experienced attorney for birth injuries will be able to maximize the amount of money that is awarded to parents.
Insurance Companies
Although a lawsuit for birth injuries cannot undo what happened to your child, it may cover future medical expenses and the cost of therapy, home modifications, and ongoing support. These expenses may seem overwhelming, but an experienced birth injury lawyer will collaborate with a number of experts to determine the financial effects on your family from an injury that you suffered and the amount of compensation you are entitled to.
To file a claim for birth injuries you must first establish that your doctor and your child shared an professional relationship, and that they breached that relationship by acting negligently before or during the time of your child’s birth. It is easy to demonstrate this by looking up your medical records and hospital bills.
Once this is established, the lawyer will need to determine the specific actions that the doctor made that were negligent and how they impacted the health of your child. A birth injury lawyer will know where to get the medical documents along with expert witness testimony and other evidence needed to prove your claim.
A good birth injury lawyer will take care of the many complexities of your case and will never demand you to pay for justice. They should be able to work on a contingency fee basis which means they only receive compensation if they prevail in your case and the amount they earn is a percentage of the settlement or award you receive.