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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 advancements in medical technology that make it safer than ever. If you believe your child was injured due to a birth injury, speak to an experienced birth injury lawyer right away.
A firm that concentrates on birth injuries will typically finance all litigation costs and only pay when they receive the case and receive compensation.
Damages
While advances in medicine have made birthing safer than ever before but many mothers and their babies are still at risk of risk of injury due to variety reasons. These include oxygen deprivation, head trauma and infections. These injuries can lead to long-lasting and devastating disabilities like cerebral palsy. A skilled birth injury lawyer will help families obtain compensation for the ongoing treatment and care they need.
Your attorney will ask for all relevant medical records and reports related to the injury your baby sustained. He or she will also engage medical experts to analyze the evidence and provide an opinion regarding whether the medical experts involved in your baby's birth violated the standard of medical care. In a typical instance, an expert will examine the medical treatment provided by the defendant to the standard practices used by other medical professionals with similar education and experience.
Economic and non-economic damages may be awarded. Economic damages are for expenses such as current and future medical bills, lost income and property loss. Non-economic damages could include emotional distress as well as pain and suffering. In rare cases punitive damages may also be awarded. These are designed to punish the at-fault party and deter similar behavior in the future. These are different from compensatory damages, which are awarded to recover the actual loss.
Medical Experts
Even though medical advances have made childbirth safer than ever, the process still poses a risk for both baby and mother. It is the responsibility of nurses and doctors involved in the birth to behave professionally and to avoid mistakes that could cause devastating harm for both mother and baby's health. Parents may claim damages if nurses and doctors are not professional during a delivery.
From the initial consultation up to the final resolution A birth injury lawyer will work closely with your case. They will collect evidence from you, including witness testimony and medical records. They will also get expert opinions from other sources including doctors and specialists.
The experts will analyze the evidence and offer a formal opinion as to whether the injuries were caused by medical negligence. This will be utilized by the lawyer to decide the best way to proceed.
If the medical professional believes that a malpractice occurred your lawyer will file a suit against the parties responsible. This typically consists of the obstetrician who was in charge of the delivery and pregnancy and any nurses or surgeons who assisted in the delivery as well as the hospital where the birth occurred.
The costs of a lawsuit could be high due to the costs for expert witnesses, records, and depositions. Your lawyer will cover these costs and reimburse you once they have won an agreement on your behalf.
Prepare for Trial
Generally, a birth injury lawyer takes any case in which the infant was injured due to negligence of a doctor prior to or shortly after birth. In analyzing the case the attorney will consider two things: whether there are any evidences of medical negligence as well as the severity of the injury.
Often, the attorneys will consult with medical experts in order to determine if medical negligence caused the injury. Experts will carefully review documents from the pregnancy, birth of the child and the medical treatment received for the injuries later. They will also be able examine the effects of the injuries on the child as well as their future.
The experts will assist the lawyer identify the medical providers that should be included in the lawsuit. The lawyer will then send an email asking the medical providers and insurers to respond to the claim. A reputable birth injury lawyer will know how to negotiate with insurance companies and be ready to go to trial if needed.
Parents may be entitled to damages for future and past medical expenses related to the injuries suffered by their child. They may also be awarded damages for suffering and pain. These damages can be significant particularly if the child's injuries are serious. A skilled birth injury lawyer can increase the amount of money awarded to parents.
Insurance Companies
A birth injury lawsuit can't reverse the harm done to your child but it could cover future medical expenses such as therapy, home improvements, and ongoing support. These costs might appear overwhelming at first, however, a reputable birth injury attorney will work with multiple experts to determine the financial impact of a particular injury on your family, and how much you're entitled to be compensated for these expenses.
The first step in a birth injury claim is to prove that the doctor who handled your case had an established professional relationship with you and your child, and that they breached that relationship by acting negligently during or before your child's delivery. This can be simple to prove through the collection of your medical documents and hospital bills.
Once this is established Once this is established, your lawyer will need to identify the specific actions taken by the doctor who were negligent and the impact they caused to your child's well-being. A birth injury lawyer will know where to get the medical evidence along with expert witness testimony and other evidence necessary to prove your claim.
A good birth injury lawyer will deal with the many complexities of your case and never require you to pay for justice. They must be able to work on a contingent fee basis. This means that they'll only get paid when they win your case and their fee is a percentage of the settlement or award.
