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How a Birth Injury Attorney Can Help Families Get the Compensation They Need
While advances in medicine make birthing safer than ever before but complications can still occur after the birth of the baby. If you believe your child suffered an unavoidable birth injury, contact an experienced birth injury lawyer right away.
A firm that specializes in cases involving birth injuries generally advances all costs associated with a lawsuit and only get paid when they receive compensation for your case.
Damages
While medical advances have made childbirth more secure than ever before however, mothers and their babies are still at high danger of injury due variety of reasons. This includes oxygen deprivation, head trauma, and infections. These injuries can result in permanent and devastation to the body such as cerebral palsy. A skilled birth injury lawyer can help families receive the compensation they need to cover the cost of lifelong treatment and care.
Your lawyer will request all pertinent medical records and reports related to the baby's injury. He or she will also engage medical experts to analyze the evidence and give an official opinion on whether the medical personnel involved in your baby's delivery breached the standard of care. In a typical situation, an expert will examine the medical care provided by the defendant to practices typically accepted by medical professionals who have the same experience and education.
Damages may be awarded for economic and non-economic losses. Economic damages include medical expenses, lost income, and property damage. Non-economic damages can include emotional distress and suffering. In some cases, punitive damages may also be awarded. They are intended to punish the at-fault party and deter similar conduct in the future. These are separate from the compensatory damages awarded to recover actual losses.
Medical Experts
Although medical advances have made childbirth more secure than ever before, the process remains a risky one for mother and baby. It is the responsibility of doctors and nurses involved in a birth to behave professionally and avoid making mistakes which could have catastrophic consequences for the health of both parties. When they fail to do so and cause a birth injury, parents can seek compensation for their damages.
From the first consultation to the final resolution A birth injury lawyer will closely work on your case. They will collect evidence from you, including witness testimony and medical records. They will also seek expert opinions from other sources like doctors and specialists.
These experts will review all the evidence, and provide an opinion in writing on whether the injuries are due to medical negligence. This will be used by the lawyer to decide what to do next.
If the medical expert agrees that malpractice was committed the lawyer will file a lawsuit against the responsible parties. This includes the obstetrician in charge of your pregnancy, and any nurses, surgeons or hospital staff who were involved in the delivery.
The cost of a lawsuit can be high as a result of the many fees like those for documents, expert witnesses, and depositions. Your lawyer will advance these costs and pay you back once they have negotiated an agreement on your behalf.
Preparing for a trial
In general, a birth injuries lawyer will consider cases where the infant was injured due to negligence of a doctor prior to, during or shortly after birth. The lawyer will take into consideration two aspects when evaluating the case in determining whether there evidence of medical negligence and the severity of the injury.
Often, lawyers will consult with medical experts to determine if medical negligence led to the injury. Experts will examine all documents related to birth, pregnancy, and medical treatment for injuries. They will also be able analyze the effects of injuries on the child and his or her future life.
The experts will assist the lawyer in identifying the medical providers to be named as defendants in the lawsuit. The lawyer will issue an email to the medical providers and insurers to respond to the complaint. A reputable birth injury lawyer should know how to negotiate with insurance companies, and be prepared to go to trial if necessary.
Parents may be entitled to damages for future and past medical expenses that result from the injuries sustained by their child. You may also receive damages for pain and suffering. The amount of damages could be substantial, especially if the child's injuries are severe. An experienced attorney for birth injuries will be able to maximize the compensation that is awarded to parents.
Insurance Companies
A birth injury lawsuit won't repair the harm caused to your child, but it can help pay for future medical expenses therapy, home modifications, and ongoing support. These costs may seem daunting, but a skilled birth injury lawyer will collaborate with a number of experts to determine the financial impact on your family of an injury that you suffered and how much compensation you are entitled to.
In order to make a claim for birth injuries first, you must prove that your doctor and your child have an established professional relationship and they violated this relationship by committing a negligent act prior to or during the birth of your child. You can easily demonstrate this by looking up your medical records and hospital bills.
Once this is established the lawyer will need to identify what specific actions the doctor made that were negligent and how these affected your child's health. A birth injury lawyer will know where to find the medical evidence along with expert witness testimony and other evidence that can be used to prove your claim.
A reputable birth injury lawyer can handle the entire complexity of your case and will never require you to come out of your pocket to seek justice. They must be able and willing to work on a contingent fee basis. This means that they will only get paid when they win your case and their fee is a percentage of the settlement or award.
