The Not So Well-Known Benefits Of Birth Injury Lawyers
How a Birth Injury Attorney Can Help Families Get the Compensation They Need
There are still complications that can occur in the course of a child's birth despite the advancements in medicine that make it safer than ever. If you suspect that your child suffered from a preventable birth injury, contact an experienced birth injury attorney right away.
A firm that concentrates on birth injury cases will typically pay for all litigation costs and only be compensated if they win compensation in your case.
Damages
Although advances in medicine have made childbirth more secure than it used to be yet many mothers and babies are still susceptible to injuries resulting from a variety reasons. Oxygen deprivation and head trauma are among the most frequent. These injuries can lead to devastating disabilities, such as cerebral palsy. A good birth injury attorney can help families get the compensation they require to pay for lifelong treatment and support.
Your attorney will seek all relevant medical records and reports related to the baby's injury. The attorney can also employ medical experts to review the evidence and provide an opinion in writing on whether the medical professionals who delivered your baby have violated the standard of care. In the typical scenario, an expert will assess the medical care provided by defendant to practices that are commonly used by medical professionals with similar training and experience.
Damages are awarded for economic and non-economic losses. Economic damages include medical costs, lost income and property damage. 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 responsible and discourage similar conduct in the future. They differ from compensatory damages that are awarded to compensate for actual losses.
Medical Experts
While medical advances have made childbirth safer than ever before, there remain some risks for both mother and baby. It is the responsibility of the nurses and doctors who are involved in the delivery to act professionally, and to avoid making mistakes that could cause devastating harm for both the baby and mother's health. If they fail to do this and cause birth injuries parents may be able to claim compensation for the damage.
A birth injury attorney will work closely with you throughout the entire duration of your case from beginning with the initial consultation until final resolution. They will collect evidence from you, including medical records and witness testimony as well as seek expert opinions from a variety of sources including other specialists and doctors.
They will look over the evidence and offer a formal opinion as to whether the injuries were the result of medical negligence. The lawyer will use this to decide on the best way to proceed.
If the medical expert is of the opinion that malpractice was committed then your lawyer will file an action against the accountable parties. This includes the obstetrician in charge of your pregnancy, any nurses, surgeons, or hospital personnel who assisted during the delivery.
The costs of a lawsuit may be expensive due to the charges for expert witnesses, records, and depositions. Your lawyer will cover these expenses, and reimburse you once they settle your case.
Preparing for a trial
A birth injury lawyer will take any case in which the baby was injured due to doctor negligence, before, during, or shortly after the birth. The lawyer will take into consideration two factors when analyzing the case in determining whether there is evidence of medical negligence, and how severe the injury is.
Attorneys will often consult with medical experts to determine whether the injury was caused by medical negligence. The experts will go through all documentation related to pregnancy, childbirth, and medical treatment for injuries. They will also be able to assess the effects of the injuries suffered by the child on his or her future.
The experts will help the lawyer identify which medical providers should be included in the lawsuit. The lawyer will then send an inquiry letter to medical providers and insurers to respond to the complaint. A good birth injury attorney will know how to negotiate with insurance companies and be ready to go to trial if necessary.
Parents could be entitled to damages for future and past medical expenses resulting from their child's injuries. They may also be awarded damages for pain and suffering. These damages can add up, especially if the child's injuries are severe. A good birth injury attorney will be able to maximize the amount of money paid to the parents.
Insurance Companies
While a birth injury lawsuit cannot undo what happened to your child, it can help pay for future medical expenses as well as the cost of therapy, home modifications, and ongoing support. These costs may seem overwhelming at first, but a good birth injury attorney will work with multiple experts to determine the financial impact of any injury on your family and what amount you are entitled to compensation for these expenses.
The first step in a birth injury lawsuit is to establish that the doctor who was involved in your case had an professional relationship with your child and you, and that they violated the trust by committing a breach during or before the child's birth. It is easy to demonstrate this by looking up your medical bills and hospital bills.
After this is established the lawyer will need to identify what specific actions the doctor performed that were negligent and how these affected the health of your child. A birth injury attorney will know what to look for and how to obtain the medical records and expert witness testimony to prove your case.
A good birth injury attorney will handle all the complexities of your case. They should not require you to pay out of your pocket to seek justice. They should work on a contingency fee basis which means that they get paid if they win your case and the amount they earn is a percentage of the settlement or award you receive.