10 Unexpected Birth Injury Lawyers Tips
How a Birth Injury Attorney Can Help Families Get the Compensation They Need
Although advances in medicine have made childbirth safer than ever however, complications may still occur in the course of birth and after the birth of an infant. If you suspect that your child suffered an unavoidable birth injury, you should contact an experienced birth injury attorney immediately.
A firm that specializes on birth injury cases will usually cover all litigation costs, and only be paid if they obtain the case and receive compensation.
Damages
While medical advances have made childbirth more secure than it was before, many mothers and their babies are still at high danger of injury due variety of reasons. Head trauma and oxygen deprivation are among the most common. These injuries can cause devastating disabilities like cerebral palsy. A good birth injury attorney can help families get the compensation they need to cover lifelong medical treatment and care.
Your attorney will ask for all medical records and reports related to the injury suffered by your baby. The attorney will also engage medical experts to analyze the evidence and provide a formal opinion about whether the medical professionals involved in the delivery of your baby violated the standard of medical care. In a typical situation, an expert will compare the medical treatment provided by the defendant with the practices commonly accepted by other medical professionals with similar qualifications and experience.
Economic and non-economic damages may be awarded. Economic damages cover costs including future and present medical bills, lost income, and property loss. Non-economic damages include emotional distress, pain and suffering. In rare cases punitive damages could also be awarded. These are intended to punish the party at fault and discourage similar behavior in the future. They are separate from compensatory damages that are awarded to cover actual losses.
Medical Experts
Even though medical advances have made childbirth safer than ever, the process still involves some risk for both baby and mother. It is up to the doctors and nurses involved in the birth process to behave professionally and avoid making mistakes that could cause catastrophic harm for the health of both parties. Parents may claim damages if nurses and doctors do not behave professionally during a delivery.
A birth injury attorney will work closely with you throughout the entire duration of your case, from the initial consultation through to the final resolution. They will gather evidence from you, such as witness statements and medical records and will also seek expert opinions from various sources, including other doctors and specialists.
The experts will examine the evidence and give an official opinion on whether the injuries resulted from medical negligence. This will be utilized by the lawyer to decide how to proceed.
If the medical expert agrees that there was a malpractice, your lawyer will file a lawsuit against the responsible parties. This includes the obstetrician who was in charge of your pregnancy, and any nurses, surgeons, or hospital personnel who assisted during the delivery.
The cost of a lawsuit are high due to the fees for expert witnesses, documents, and depositions. Your lawyer will advance these expenses and reimburse you once they have won an agreement on your behalf.
Prepare for trial
A birth injury lawyer will work on any case where the baby was injured due to a doctor's negligence, either prior to or during or shortly following delivery. The lawyer will consider two things when reviewing the case: whether there evidence of medical negligence and how severe the injury is.
Attorneys frequently consult with medical experts to determine if the injury was caused by medical negligence. They will review records from the pregnancy, the child's birth and the medical treatment that was received for the injuries following. They will also be able evaluate the effects of the injuries on the child as well as their future.
The experts will assist the lawyer determine which medical providers should be included in the lawsuit. The lawyer will issue an email to the medical providers and insurers to respond to the complaint. A good birth injury attorney will know how to negotiate with insurance companies and will be ready to take the case to trial should it be necessary.
Parents could be entitled to damages for past and future medical expenses that result from the injuries sustained by their child. You could also be entitled to compensation for your pain and suffering. These damages could be substantial, especially if a child's injuries were serious. A good birth injury attorney can maximize the amount of compensation given to parents.
Insurance Companies
A birth injury lawsuit won't undo the damage done to your child but it could help cover future medical expenses such as therapy, home improvements, and ongoing support. These costs may seem overwhelming at first, but a skilled birth injury lawyer will work with a variety of experts to determine the financial impact of a specific accident on your family and what amount you are legally entitled to receive compensation for these expenses.
The first step in a birth injury lawsuit is to establish that the doctor who handled your case had an official relationship with you and your child. They must also prove that they violated the trust by committing a breach prior to or during your child's delivery. It is easy to prove this by obtaining your hospital bills and medical records.
After this is established the lawyer needs to identify what specific actions the doctor took that were negligent and how these impacted your child's health. A birth injury attorney will know what to look for and where you can get the medical records and expert witness testimony to establish your case.
A good birth injury attorney will take care of the many complexities of your case. They will never require you to pay out of pocket to pursue justice. They should be willing to work on a contingency fee basis which means they only receive compensation if they prevail in your case. The amount they receive is a percentage of the settlement or award you receive.