How Birth Injury Lawyers Has Transformed My Life The Better
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 however, complications can still happen following the birth of an infant. If you suspect your child was injured due to a birth injury, consult an experienced attorney for birth injuries immediately.
A firm that is specialized in cases involving birth injuries generally will advance all lawsuit expenses and only get paid when they receive the case.
Damages
While medical advances have made childbirth much safer than it was previously, many mothers and babies are still at risk for injuries from a variety of reasons. Oxygen deprivation and head trauma are among the most frequent. These injuries can lead to long-lasting and devastating disabilities such as cerebral palsy. An experienced attorney for birth injuries can help families get the compensation they need to fund lifelong care and support.
Your lawyer will request all medical records and reports relevant to the injuries sustained by your baby. The attorney will also employ medical experts to review the evidence and provide an opinion regarding whether the medical professionals involved in your baby's delivery violated the standard of care. In a typical case, an expert will compare medical care provided by defendant to practices generally accepted by medical experts with similar training and experience.
Economic and non-economic damages may be awarded. Economic damages cover costs like future and current medical bills, Birth Injuries lost income and property losses. Non-economic damages include emotional distress and pain and suffering. In rare cases the punitive damages might be awarded. They are intended to punish the party at fault and discourage similar behavior in future. They are distinct from compensatory damages which are awarded to cover actual loss.
Medical Experts
While medical advances have made childbirth safer than ever before, there are still some risks for both mother and baby. It is up to the doctors and nurses who are involved in the delivery to be professional and avoid making mistakes that could result in devastating consequences for the health of both parties. When they fail to do so and cause birth injuries parents may be able to claim compensation for the damage.
An attorney for birth injuries will work closely with you throughout the duration of your case, beginning from beginning with the initial consultation until final resolution. They will collect evidence from you, including witness testimony and medical records. They will also get expert opinions from other sources, including doctors and specialists.
The experts will go over all the evidence, and provide an official opinion as to whether the injuries occurred due to medical negligence. The lawyer will then use this to decide on the best way to proceed.
If the medical expert is of the opinion that malpractice was committed the lawyer will file an action against the accountable parties. This typically consists of the obstetrician who was responsible for the delivery and pregnancy as well as any surgeons or nurses who helped during the delivery and the hospital where the birth took place.
The cost of litigation can be quite high because of the numerous fees, including those for records, expert witnesses and depositions. Your lawyer will pay for these expenses and then reimburse you after they have settled your case.
Preparing for the Trial
In general, a birth injuries lawyer takes any case in which the infant was injured due to negligence of a doctor prior to or shortly after the birth. The lawyer will consider two aspects when evaluating the case to determine if there is evidence of medical negligence and the severity of the injury.
Often, lawyers will consult with medical experts to determine if a medical error led to the injury. The experts will carefully examine records from the pregnancy, the child's birth and the medical treatment that was received for the injuries that occurred afterward. They will also be able to assess the effect of the injuries suffered by the child on their future.
The experts will help the lawyer to determine which medical providers should be included in the lawsuit. The lawyer will send a letter to the medical providers and their insurers asking them to respond to the claim. A reputable attorney for birth injuries will be able to negotiate with insurance companies and will be prepared to make the case go to trial if needed.
Parents may be entitled to damages for medical expenses that result from the injuries sustained by their child. You may also be entitled to damages for pain and suffering. The amount of damages could be substantial particularly if the child's injuries are serious. An experienced attorney for birth injuries can help maximize the amount of compensation that is given to parents.
Insurance Companies
Although a lawsuit for birth injuries will not reverse the damage that occurred to your child, it could pay for future medical expenses, the cost of therapy, home modifications, and ongoing support. The costs could appear overwhelming at first, however, a reputable birth injury lawyer will work with a variety of experts to calculate the financial impact of a specific injury on your family, and how much you are entitled to receive in compensation for these costs.
To claim a birth injuries first, you must prove that your doctor and your child had an professional relationship, and that they breached that relationship by acting negligently before or during the time of your child's birth. You can easily prove this by obtaining your medical bills and hospital bills.
Once this is established, the lawyer will need determine the specific actions taken by the doctor who was negligent and the effect they caused to your child's well-being. An attorney for birth injuries will know what to look for and how to obtain the medical evidence and expert witness testimony needed to support your case.
A reputable birth injury lawyer will handle all the complexities of your case. They will never ask you to pay out of your pocket to seek justice. They should be willing and able to work on an ad-hoc basis. This means that they will only be paid if they win your case, and their fee is a percentage from the settlement or award.