The Reasons Birth Injury Lawyers Is Everywhere This Year
How a Birth Injury Attorney Can Help Families Get the Compensation They Need
Although advances in medicine make birthing safer than ever before however, complications can still happen following the birth of an infant. If you believe your child suffered an unavoidable birth injury, contact an experienced birth injury attorney right away.
A firm that specializes on birth injury cases will usually cover all litigation costs, and only pay when they are successful in winning an award in your case.
Damages
While medical advances made childbirth more secure than ever before however, mothers and their babies are still at high danger of injury due number of reasons. Head trauma and oxygen deprivation are among the most frequent. These injuries can result in permanent and devastation to the body like cerebral palsy. A good birth injury attorney can help families get the compensation they require to fund lifelong care and support.
Your attorney will seek all relevant medical records and reports related to the injury your baby sustained. The attorney can employ medical experts who will analyze the evidence and give an opinion in writing on whether the medical professionals who delivered your baby have violated the standards of care. In the typical scenario, an expert will evaluate the medical treatment provided by defendant to practices typically accepted by medical professionals with similar experience and qualifications.
Economic and non-economic damages can be awarded. Economic damages cover costs including future and present medical bills, lost income and property losses. Non-economic damages include emotional distress as well as pain and suffering. In rare instances the punitive damages might be awarded. They are intended to punish the person responsible and discourage similar behavior in future. These are separate from the compensatory damages awarded to cover actual losses.
Medical Experts
Although advances in medicine have made childbirth more safe than ever before, there remain some risks for both mother and baby. It is the responsibility of nurses and doctors involved in the birth to behave in a professional manner, and to avoid mistakes which could result in devastating consequences for both baby and mother's health. Parents can sue for damages if doctors and nurses fail to behave appropriately during the delivery.
A birth injury attorney will work closely with you throughout the duration of your case, from the initial consultation through to the final resolution. They will collect evidence from you, like witness testimony and medical records. They will also obtain expert opinions from other sources, including doctors and specialists.
They will look over all the evidence and give an opinion in writing on whether the injuries are by medical negligence. This will be utilized by the lawyer to decide what to do next.
If the medical professional confirms that a mistake occurred, your lawyer will file a suit against the parties at fault. This includes the obstetrician who was in charge of your pregnancy, any nurses, surgeons or hospital staff who helped during the delivery.
Legal proceedings can be costly due to the many fees such as those for documents, expert witnesses, and depositions. Your lawyer will pay these costs, and then reimburse you once they have settled your case.
Prepare for trial
In general, a birth injuries lawyer will consider any case in which the infant was injured due to negligence of a doctor prior to, during or shortly after birth. When reviewing the case the lawyer will take into consideration two aspects: whether there are any evidences of medical negligence and the extent of the injury.
Attorneys often consult with medical experts to determine if the injury was caused by medical malpractice. These experts will review all records related to the birth, pregnancy, and medical treatment for injuries. They will also be in a position to assess the effects of the injuries suffered by the child on his or her future.
The experts will assist the lawyer determine which medical providers should be named in the lawsuit. The lawyer will issue a letter asking the medical providers and insurers to respond to the claim. A good birth injury attorney will be able to negotiate with insurance companies and be prepared to make the case go to trial should it be necessary.
Parents may be entitled to damages for future and past medical expenses related to the injuries suffered by their child. They may also be able to claim damages for suffering and pain. These damages can be significant in the event that the child's injuries are severe. A good birth injury attorney will be able to maximize the amount of compensation that is awarded to parents.
Insurance Companies
A birth injury lawsuit can't erase the harm done to your child, but it can cover future medical costs such as therapy, home improvements and ongoing support. These costs may seem overwhelming at first but a skilled birth injury lawyer will work with multiple experts to calculate the financial impact of an injury on your family and how much you are entitled to compensation for these costs.
The first step in a birth injury claim is to establish that the doctor who was involved in your case had an official relationship with you and your child and that they breached that relationship by acting negligently either prior to or after your child's delivery. This can be simple to prove by obtaining your medical documents and hospital bills.
Once this is established the lawyer will need to identify what specific actions the doctor performed that were negligent and how they impacted your child's health. A birth injury attorney will know what to look for and how to obtain the medical evidence and expert witness testimony to support your case.
A good birth injury attorney will take care of the many complexities of your case. They should never require you to pay out of your pocket to seek justice. They should be willing to work on a basis of contingency fees which means that they get paid if they win your case. The amount they earn is a portion of the settlement or award you receive.