10 Birth Injury Lawyers-Friendly Habits To Be Healthy
How a Birth Injury Attorney Can Help Families Get the Compensation They Need
Although advances in medicine have made childbirth more secure than ever before but complications can still occur following the birth of the baby. If you believe your child suffered from a preventable birth injury, contact an experienced attorney for birth injuries right away.
A firm that specializes in cases involving birth injuries generally will advance all legal costs and only be paid if they receive compensation for your case.
Damages
While medical advances made birthing safer than ever before, many mothers and their babies are still at risk of danger of injury due number of reasons. Trauma to the head and oxygen deprivation are among the most frequent. These injuries can lead to devastating disabilities such as cerebral palsy. An experienced attorney for birth injuries will assist families to receive the compensation they require to cover the cost of lifelong treatment and care.
Your attorney will request all pertinent medical records and reports related to the baby's injury. They will also employ medical experts to analyze the evidence and provide an official opinion as to whether the medical professionals involved in your baby's birth did not meet the standards of care. In a typical case an expert will examine the medical treatment provided by the defendant to the practices generally accepted by other medical professionals with similar qualifications and experience.
Economic and non-economic damages are able to be awarded. Economic damages include medical expenses, lost income and property damage. Non-economic damages include emotional distress as well as suffering. In rare instances punitive damages could also be awarded. They are intended to penalize the at-fault party and deter similar behavior in the future. They are different from compensatory damages that are awarded to recover actual losses.
Medical Experts
While medical advances 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 birth to behave professionally and to avoid mistakes that could cause devastating harm for both baby and mother's health. When they fail to act accordingly and Birth injuries cause birth injuries, parents can seek compensation for their losses.
An attorney for birth injuries will work closely with you throughout the course of your case, beginning from beginning with the initial consultation until final resolution. They will gather evidence from you, like witness testimony and medical records. They will also get expert opinions from other sources including doctors and specialists.
These experts will examine all the evidence and give an opinion in writing on whether the injuries were caused due to medical negligence. The lawyer will use this to determine how to proceed.
If the medical professional agrees that malpractice was committed then your lawyer will file an action against the accountable parties. This typically consists of the obstetrician who was in charge of your pregnancy and delivery and any nurses or surgeons who assisted in the delivery, as well as the hospital where the birth occurred.
The cost of a lawsuit could be high due to the costs for expert witnesses, documents, and depositions. Your lawyer will pay for these costs, and then reimburse you once they settle your case.
Prepare for trial
In general, a birth injuries lawyer will take on any case where the infant suffered injuries due to negligence of a doctor prior to or shortly after birth. When reviewing the case the attorney will consider two things: whether there are any indications of medical negligence and the severity of the injury.
Attorneys often consult medical experts to determine if the injury was caused by medical malpractice. They will review documents from the pregnancy, birth of the child and the medical treatment for the injuries later. They will also be able to assess the effects of the injuries sustained by the child on their future.
The experts will assist the lawyer in identifying which medical providers are to be named as defendants in the lawsuit. The lawyer will then send a letter the medical providers and their insurance companies asking them to reply to the lawsuit. A reputable attorney for birth injuries will be able to negotiate with insurance companies and will be ready to take the case to trial if necessary.
Parents may be entitled for damages for past and future medical expenses related to the injuries suffered by their child. They could also be awarded damages for their pain and suffering. These damages can be substantial particularly if the child's injuries were serious. An experienced attorney for birth injuries will be able to maximize the amount of compensation awarded to the parents.
Insurance Companies
Although a lawsuit for birth injuries cannot undo what happened to your child, it can be used to pay for future medical expenses and the cost of therapy as well as home modifications and ongoing support. These costs may seem overwhelming at first, but a good birth injury lawyer will work with multiple experts to estimate the financial impact of any accident on your family and the amount you are entitled to compensation for these expenses.
In order to file a claim for birth injury you must first establish that your doctor and your child shared an official relationship and that he or she breached this relationship by failing to act properly prior to or during your child's birth. You can easily demonstrate this by looking up your medical bills and hospital bills.
Once this has been established the lawyer will need to determine the specific actions that the doctor performed that were negligent and how these impacted your child's health. An attorney for birth injuries will know what to look for and how to obtain the medical documentation and expert witness testimony to prove your case.
A good birth injury attorney will take care of the many complexities of your case. They should never ask you to pay out of your pocket to seek justice. They should be able to work on a contingent fee basis which means that they only get paid if they win your case and the amount they earn is a percentage of the settlement or award you receive.