It s Time To Increase Your Birth Injury Lawyers Options
How a Birth Injury Attorney Can Help Families Get the Compensation They Need
There are still complications that can occur in the course of a child's birth, despite medical advances making it more secure than ever. If you believe your child suffered from a preventable birth injury, consult an experienced birth injury attorney immediately.
A firm that concentrates on birth injuries will typically cover all litigation costs, and only pay if they win the case and receive compensation.
Damages
While medical advances have made childbirth safer than it used to be yet many mothers and babies are still susceptible to injuries resulting from a variety reasons. Oxygen deprivation and head trauma are among the most common. These injuries can lead to permanent and devastation to the body, including cerebral palsy. A good birth injury attorney can help families receive the compensation they need to cover the cost of lifelong treatment and birth injury attorney support.
Your attorney will request all pertinent medical records and reports related to the injury your baby sustained. The attorney will also employ medical experts to review the evidence and give a formal opinion about whether the medical professionals involved in your baby's birth breached the standard of care. In a typical situation, an expert will evaluate the medical care provided by the defendant with the practices commonly accepted by other medical professionals who have similar experience and training.
Damages can be awarded for both economic and non-economic losses. Economic damages can include medical expenses, lost income and property damage. Non-economic damages include emotional distress and suffering and pain. In rare cases punitive damages could also be awarded. These are designed to punish the party at fault and discourage similar conduct in the future. They are separate from compensatory damages awarded to recover actual losses.
Medical Experts
While medical advances have made childbirth more safe than ever before, there are some risks for both the mother and baby. It is the responsibility of the nurses and doctors who are involved in the birth to act professionally, and to avoid mistakes which could result in devastating consequences for both mother and baby's health. Parents may seek damages if nurses and doctors fail to act professionally during a delivery.
A birth injury attorney will be in close contact with you for the duration of your case, starting from the initial consultation through to the final resolution. They will collect evidence from you, like witness testimony and medical records. They will also seek expert opinions from other sources like doctors and specialists.
They will look over the evidence and give an official opinion on whether the injuries were the result of medical negligence. The lawyer will use this to decide how best to proceed.
If the medical expert confirms that a mistake was committed Your lawyer will bring suit against the accountable parties. This includes the obstetrician who was in charge of your pregnancy as well as any nurses, surgeons or hospital personnel who were involved in the delivery.
The costs of a lawsuit could be high due to the cost for expert witnesses, records, and depositions. Your lawyer will cover these costs, and then reimburse you once they settle your case.
Preparing for trial
Generally, a birth injury lawyer is a person who handles any case where the baby suffered injuries caused by negligence of a doctor prior, during or shortly after birth. The lawyer will examine two aspects when analyzing the case to determine if there is evidence of medical negligence and how severe the injury is.
In most cases, attorneys consult with medical experts in order to determine whether medical malpractice caused the injury. Experts will carefully review the records of the pregnancy, birth of the child and the medical treatment given to 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 help the lawyer identify the medical providers that should be named in the lawsuit. The lawyer will then send a letter the medical providers and their insurers and ask them to respond to the lawsuit. A good birth injury attorney will know how to negotiate with insurance companies and will be prepared to take the case to trial if needed.
Parents could be entitled to damages for future and past medical expenses resulting from the injuries sustained by their child. They may also be able to claim damages for their pain and suffering. These damages can mount up, especially if the child's injuries are severe. A good birth injury attorney can help maximize the compensation that is awarded to parents.
Insurance Companies
A birth injury lawsuit isn't able to erase the harm done to your child, but it could cover future medical costs therapy, home modifications and ongoing support. These expenses may appear overwhelming at first, but a skilled birth injury lawyer will collaborate with a variety of experts to assess the financial impact of any injury to your family and how much you are entitled to compensation for these costs.
In order to submit a claim for birth injuries you must first establish that your doctor and your child have a professional relationship and that they violated this relationship by failing to act properly prior to or during the birth of your child. You can easily demonstrate this by looking up your medical bills and hospital bills.
After this is established the lawyer must identify the specific actions the doctor took 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 documentation and expert witness testimony needed to prove your case.
A good birth injury attorney will handle all the complexities of your case. They will not require you to pay out of pocket to pursue justice. They should be willing to work on a contingency fee basis which means that they only receive payment if they win your case and the amount they receive is a percentage of the settlement or award you receive.
