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How a Birth Injury Attorney Can Help Families Get the Compensation They Need
Complications can still occur during and after the birth of a child, despite medical advances that make it safer than ever. If you suspect your child has suffered an injury during birth that could have been avoided from happening, consult a birth injury lawyer right away.
A firm that specializes in birth injury attorney injury cases will generally advance the entire cost of a lawsuit. They will only get paid when they win compensation for your case.
Damages
While advances in medicine have made childbirth safer than ever before however, mothers and their infants are at a higher risk of injury due to a number of reasons. Trauma to the head and oxygen deprivation are among the most common. These injuries can result in permanent and devastation to the body like cerebral palsy. A reputable birth injury lawyer can help families get compensation for the lifelong medical treatment and care they require.
Your lawyer will request all pertinent medical records and reports relating to your baby's injuries. He or she will also hire medical experts to review the evidence and give an official opinion as to whether the medical personnel involved in your baby's birth violated the standard of care. In a typical case an expert will assess the medical care provided by the defendant to the practices generally accepted by other medical professionals with similar qualifications and experience.
Damages are awarded for economic and non-economic losses. Economic damages include medical expenses, lost income, and property damage. Non-economic damages may include emotional distress and suffering. In rare cases punitive damages can also be awarded. They are intended to punish the party at fault and discourage similar behavior in future. They are different from compensatory damages that are awarded to cover actual losses.
Medical Experts
Although advances in medicine have made childbirth more safe than ever before, there remain certain risks for both mother and baby. It is the responsibility of nurses and doctors who are involved in the delivery to be professional and to avoid making mistakes that could cause devastating harm for both baby and mother's health. When they fail to act accordingly and cause a birth injury parents may claim compensation for the damage.
From the initial consultation to the final resolution A birth injury lawyer will work closely with your case. They will gather evidence from you, including witness testimony and medical records. They will also seek expert opinions from other sources, including doctors and specialists.
These experts will review all the evidence and give a formal opinion on whether the injuries were due to medical negligence. The lawyer will use this information to determine the best way to proceed.
If a medical professional is of the opinion that malpractice was committed the lawyer will file an action against the accountable parties. This includes the obstetrician who was in charge of your pregnancy as well as any surgeons, nurses or hospital personnel who were involved in the delivery.
Lawsuits can be expensive because of the many costs, such as the cost of documents, expert witnesses, and depositions. Your lawyer will cover these costs, and then reimburse you once they have settled your case.
Preparing for trial
A birth injury lawyer will take on any case in which the baby suffered injuries as a result of doctor negligence, prior to or during or shortly following delivery. When examining the case, the attorney will consider two things: whether there is evidence of medical negligence and the severity of the injury.
Often, attorneys consult with medical experts to determine if medical malpractice led to the injury. These experts will carefully review documents from the pregnancy, the child's Birth injury lawyers and the medical treatment given to the injuries afterward. They will also be able to examine the effects of the injuries on the child as well as his or her future.
The experts will help the lawyer to determine which medical providers should be included in the lawsuit. The lawyer will then send a letter the medical providers and their insurance companies and ask them to respond to the lawsuit. A reputable birth injury lawyer will be able to negotiate with insurance companies and be ready to take on trial if needed.
Parents may be entitled for damages for past and future medical costs related to the injuries sustained by their child. They could also be awarded damages for their pain and suffering. These damages can be substantial in the event that a child's injuries were serious. A skilled birth injury lawyer will maximize the amount of compensation paid to parents.
Insurance Companies
A birth injury lawsuit won't repair the harm caused to your child, but it could cover future medical costs therapies, home modifications and ongoing support. These costs may seem overwhelming at first, but a good birth injury lawyer will collaborate with several experts to assess the financial impact of any accident on your family and how much you are entitled to compensation for these costs.
To make a claim for birth injury you must first establish that your doctor and your child have an established professional relationship and the doctor violated this relationship by failing to act properly prior to or during the time of your child's birth. This may be easy to prove by obtaining your medical records and hospital bills.
Once this is established After this is established, the lawyer needs to identify the specific actions made by the doctor who were negligent and the effect they caused to your child's well-being. An attorney for birth injuries will know what to look for and where you can get the medical documentation and expert witness testimony needed to demonstrate your case.
A reputable birth injury lawyer will handle the details of your case and never require you to pay for justice. They should work on a contingent fee basis, meaning that they only be paid if they succeed in winning your case and the amount they get is a percentage of the settlement or award you receive.