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How a Birth Injury Attorney Can Help Families Get the Compensation They Need
Complications can still occur during and after a child's birth, despite medical advances making it safer than ever. If you suspect that your child was injured due to a birth injury, contact an experienced birth injury attorney immediately.
A firm that is specialized in cases involving birth injuries will typically advance all lawsuit expenses and only be paid if they are awarded the case.
Damages
While medical advances have made birthing safer than ever before however, mothers and their babies are still at high risk of injury due to a number of reasons. Oxygen deprivation and head trauma are among the most frequent. These injuries can cause permanent and traumatic disabilities, including cerebral palsy. A skilled lawyer for birth injuries will help families obtain compensation for the lifelong treatment and care they need.
Your lawyer will ask for all relevant medical records and reports related to your baby's injury. He or she may also hire medical experts to analyze the evidence and provide a formal opinion on whether the medical personnel who delivered your child violated the standards of care. In a typical case an expert will compare medical care provided by the defendant to methods typically accepted by medical professionals with similar training and experience.
Economic and non-economic damages can be awarded. Economic damages cover costs like future and current medical bills, lost income, and property loss. Non-economic damages may include emotional distress as well as pain and suffering. In rare instances, punitive damages can also be awarded. They are intended to punish the party responsible and discourage similar behavior in the future. They differ from compensatory damages, which are awarded to recover actual losses.
Medical Experts
While medical advances have made childbirth safer than ever before, there are certain risks for both mother and baby. It is up to the nurses and doctors who are involved in the delivery to behave in a professional manner and avoid mistakes which could have catastrophic consequences for the health of both parties. If they fail to do this and cause birth injuries parents may claim compensation for their injuries.
From the first consultation to the final resolution A birth injury lawyer will be closely involved in your case. They will collect evidence from you, like witness testimony and medical records. They will also obtain expert opinions from other sources including doctors and specialists.
These experts will examine all the evidence and provide an official opinion on whether the injuries are due to medical negligence. The lawyer will use this to decide how best to proceed.
If a medical professional is of the opinion that there was a malpractice, your lawyer will file an action against the accountable parties. This includes the obstetrician who was in charge of your pregnancy, any nurses, surgeons or hospital personnel who helped during the delivery.
The costs of a lawsuit can be high due to the costs for expert witnesses, documents, and depositions. Your lawyer will pay these expenses and then reimburse you once they settle your case.
Preparing for trial
In general, a birth injuries lawyer will take on every case where the infant suffered injuries due to doctor negligence before or shortly after delivery. The attorney will look at two aspects when evaluating the case: whether there evidence of medical negligence and how severe the injury.
Often, lawyers will consult with medical experts in order to determine whether medical malpractice led to the injury. These experts will carefully review documents from the pregnancy, birth of the child and the medical treatment given to the injuries afterward. They will also be able analyze the effects of injuries on the child as well as his or her future life.
The experts will assist the lawyer decide the medical providers that should be included in the lawsuit. The lawyer will send a letter to the medical providers and their insurers inquiring them to respond to the claim. A reputable birth injury lawyer will be able to negotiate with the insurance companies and will be ready to make the case go to trial if necessary.
Parents could be entitled to damages for medical expenses that result from the injuries sustained by their child. Additionally, you could be awarded damages for pain and suffering. The amount of damages could be substantial particularly if the child's injuries are severe. A reputable birth injury lawyer can increase the amount of money awarded to parents.
Insurance Companies
Although a lawsuit for birth injuries can't undo the harm that was done to your child, it may be used to pay for future medical expenses as well as the cost of therapy as well as home modifications and ongoing support. These expenses may seem overwhelming, but a knowledgeable birth injury lawyer will work with a number of experts to determine the financial impact on your family of an injury that you suffered and the amount of compensation you are entitled to.
The first step in a birth injury lawsuit is to prove that the doctor who handled your case had an established professional relationship with your child and you, and that they breached the relationship by acting negligently either prior to or after the birth of your child. You can easily establish this by obtaining your hospital bills and medical records.
After this is established the lawyer will have to identify what specific actions the doctor made that were negligent and how these affected your child's health. An attorney for birth injuries will know what to look for and where to get the medical evidence and expert witness testimony to prove your case.
A good birth injury attorney will take care of all the complexities of your case. They should not require you to pay out of your pocket to seek justice. They should be willing to work on a contingent fee basis which means that they only receive compensation if they prevail in your case. The amount they receive is a percentage of the settlement or award you receive.
