Sharyl Brault asked 6 months ago
How a Birth Injury Attorney Can Help Families Get the Compensation They Need
Although medical advances make birthing safer than ever before but complications can still occur during and after the birth of an infant. If you believe your child suffered an unavoidable birth injury, consult an experienced birth injury law Firms injury lawyer immediately.
A firm that concentrates on birth injury cases will typically advance all litigation expenses and only pay if they obtain compensation in your case.
Damages
While medical advances have made childbirth safer than ever before but mothers and infants are still at a high risk of injury due to variety of reasons. Oxygen deprivation and head trauma are among the most common. These injuries can cause catastrophic disabilities such as cerebral palsy. A skilled birth injury lawyer can assist families in obtaining compensation for birth Injury law firms the ongoing medical and treatment they require.
Your lawyer will request all medical records and other reports pertaining to the injuries sustained by your baby. They may also hire medical experts who will review the evidence and give an official opinion on whether the medical personnel who delivered your child violated the standard of care. In a typical case an expert will evaluate the medical care provided by the defendant with the practices that are commonly used by other medical professionals with similar experience and training.
Economic and non-economic damages can be awarded. Economic damages cover costs including future and present medical bills, lost income, and property loss. Non-economic damages include emotional distress and pain and suffering. In rare instances, punitive damages may also be awarded. These are designed to punish the at-fault party and deter similar behavior in the future. They are distinct from compensatory damages that are awarded to recover actual loss.
Medical Experts
Although advances in medicine have made childbirth safer than ever before, the process still poses a risk for both the mother and the baby. It is up to the doctors and nurses involved in the birth process to be professional and avoid mistakes that could result in devastating consequences for the health of both parties. Parents may sue for damages if nurses and doctors fail to act professionally during the delivery.
A birth injury lawyer will be in close contact with you for the duration of your case, from the initial consultation through to the final resolution. 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.
They will look over all the evidence, and provide an official opinion as to whether the injuries occurred by medical negligence. The lawyer will then use this to decide on the best way to proceed.
If the medical expert believes that a malpractice was committed, your lawyer will bring suit against the responsible parties. This includes the obstetrician in charge of your pregnancy, any surgeons, nurses, or hospital personnel who assisted during the delivery.
The costs of a lawsuit can be high due to the cost for expert witnesses, records and depositions. Your lawyer will advance these costs and reimburse you once they have negotiated settlement on your behalf.
Prepare for the trial
In general, a birth injury lawyer will consider any case where the infant suffered injuries due to doctor negligence before or shortly after delivery. The lawyer will examine two factors when analyzing the case in determining whether there is evidence of medical negligence, and the severity of the injury.
In most cases, attorneys consult with medical experts to determine whether medical malpractice led to the injury. These experts will review all documents related to pregnancy, childbirth and medical treatment for injuries. They will also be able to evaluate the impact of the injuries suffered by the child on their future.
The experts will help the lawyer determine which medical providers should be named in the lawsuit. The lawyer will send an email asking the medical providers and insurers to respond to the claim. A reputable birth injury lawyer will know how to deal with insurance companies and be ready to take on trial if necessary.
Parents may be entitled for damages for future and past medical expenses resulting from the injuries suffered by their child. They may also be able to claim damages for pain and suffering. These damages can add up when the child’s injuries are serious. A skilled birth injury lawyer will increase the amount of money awarded to parents.
Insurance Companies
A birth injury lawsuit can’t erase the harm done to your child, but it can help pay for future medical costs therapy, home modifications and ongoing support. These costs may appear overwhelming at first, but a competent birth injury attorney will work with a variety of experts to assess the financial impact of an injury on your family, and how much you are legally entitled to receive compensation for these expenses.
The first step in a birth injury lawsuit is to establish that the doctor in your case had a professional relationship with your child and you, and that they violated this relationship by acting negligently during or before the birth of your child. This can be simple to prove through the collection of your medical records and hospital bills.
Once this is established, the lawyer will need to identify what specific actions the doctor made that were negligent and how they impacted the health of your child. An attorney for birth injuries will know what to look for and where to get the medical documentation and expert witness testimony to prove your case.
A reputable birth injury lawyer will take care of the complexity of your case and never ask you to pay for justice. They must be able and willing to work on the basis of a contingent fee. This means that they will only get paid when they win your case, and their fee is a percentage of the settlement or award.