Marilynn James asked 11 months ago
How a Birth Injury Attorney Can Help Families Get the Compensation They Need
Although advances in medicine have made childbirth safer than ever, complications can still arise during and after the birth of the baby. If you believe your child suffered an unavoidable birth injury, contact an experienced birth injury lawyer immediately.
A firm that is specialized in birth injury cases generally will advance all costs associated with a lawsuit and only get paid when they win compensation for your case.
Damages
While advances in medicine have made childbirth a lot safer than it was previously however, many mothers and infants are still susceptible to injuries resulting from a variety reasons. These include oxygen deprivation head trauma, and infections. These injuries can cause devastating disabilities such as cerebral palsy. A reputable birth injury lawyer can help families get compensation for the lifetime medical and treatment they require.
Your lawyer will request all medical records and reports that relate to the injury suffered by your baby. They may also employ medical experts to analyze the evidence and provide an opinion in writing on whether the medical professionals who delivered your child violated the standard care. In a typical case, an expert will evaluate the medical treatment provided by the defendant to methods that are commonly used by medical professionals with similar training and experience.
Damages are awarded for economic and non-economic losses. Economic damages can include medical expenses loss of income, property damage. Non-economic damages include emotional distress as well as suffering and pain. In rare instances punitive damages could also be awarded. They are intended to penalize the at-fault party and prevent similar conduct in the future. These are different from compensatory damages which are awarded to recover actual loss.
Medical Experts
Even though medical advancements have made childbirth safer than ever before, there are some risks for both mother and baby. It is the responsibility of nurses and doctors involved in a birth to behave professionally and avoid mistakes that could result in devastating consequences for the health of both parties. Parents can claim damages if doctors and nurses fail to act professionally during a delivery.
From the initial consultation up to the final resolution, a birth injury lawyer will be closely involved in your case. They will gather evidence from you, like witness testimony and medical records. They will also solicit expert opinions from other sources like doctors and specialists.
These experts will review the evidence and give an official opinion on whether the injuries resulted from negligence on the part of a medical professional. The lawyer will then use this to determine how to proceed.
If a medical professional is of the opinion that malpractice occurred, your lawyer will file suit against the parties responsible. This typically includes the obstetrician who was responsible for your pregnancy and delivery and any nurses or surgeons who assisted during the delivery and the hospital where the birth took place.
The costs of a lawsuit can be high due to the cost for expert witnesses, records and depositions. Your lawyer will pay these costs and then reimburse you once they have won a settlement on your behalf.
Preparing for the Trial
A birth injury lawyer will work every case where the baby was injured due to a doctor’s negligence, whether before, during, or shortly after delivery. When reviewing the case the lawyer will be looking at two aspects: whether there are any evidences of medical negligence, as well as the extent of the injury.
Attorneys will often consult with medical experts to determine if the injury was caused by medical negligence. Experts will carefully review records from the pregnancy, the child’s birth and the medical treatment that was received for the injuries afterward. They will also be in a position to evaluate the impact of the injuries suffered by the child on his or her future.
The experts will aid the lawyer in determining the medical providers who will be named as defendants in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurers and ask them to respond to the lawsuit. A skilled birth injury attorney will know how to negotiate with insurance companies and be prepared to go to trial if needed.
Parents may be entitled to damages for past and future medical expenses related to the injuries of their child. They could also receive damages for pain and suffering. These damages can add up particularly if the child’s injuries are serious. A reputable birth injury lawsuit injury lawyer will maximize the amount of compensation paid to parents.
Insurance Companies
A lawsuit for birth injuries can’t undo the damage done to your child but it could cover future medical costs therapies, home modifications, and ongoing support. These expenses may seem overwhelming, but a seasoned birth injury attorneys injury lawyer will work with a team of experts to assess the financial impact on your family due to an injury that you suffered and the amount of compensation you are entitled to.
The first step in a birth injury claim is to establish that the doctor who was involved in your case had an professional relationship with you and your child, and that they violated this relationship by acting negligently before or during the child’s Birth Injury Law Firms. You can easily demonstrate this by looking up your medical bills and hospital bills.
Once this is established, the lawyer must identify what specific actions the doctor made that were negligent and how they impacted your child’s health. An attorney for birth injuries will know what to look for and where to get the medical evidence and expert witness testimony to demonstrate your case.
A reputable birth injury lawyer will handle all the complexities of your case and should not require you to pay out of pocket to pursue justice. They must be able to work on the basis of a contingent fee. This means they will only be paid if they win your case, and their fee is a percentage from the settlement or award.