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How a Birth Injury Attorney Can Help Families Get the Compensation They Need
There are still complications that can occur during and after a child's birth despite advancements in medical technology that make it safer than ever. If you believe your child suffered from a preventable birth injury, speak to an experienced birth injury attorney right away.
A firm that specializes in cases involving birth injuries generally advances all costs associated with a lawsuit and only be paid if they win compensation for your case.
Damages
Although medical advances have made childbirth much safer than it used to be however, many mothers and infants are still at risk of injuries due to a variety reasons. Oxygen deprivation and head trauma are among the most common. These injuries can lead to permanent and traumatic disabilities such as cerebral palsy. A good birth injury attorney can help families get the compensation they require to cover lifelong medical treatment and care.
Your attorney will request all pertinent medical records and reports related to the baby's injury. The attorney will also engage medical experts to analyze the evidence and provide a formal opinion about whether the medical personnel involved in your baby's delivery violated the standard of medical care. In a typical case, an expert will evaluate the medical treatment provided by the defendant to practices that are commonly used by medical professionals with similar experience and qualifications.
Damages can be awarded for both economic and non-economic losses. Economic damages include medical costs as well as lost income and property damage. Non-economic damages include emotional distress and suffering and pain. In some cases, punitive damages can also be awarded. These are intended to punish the party at fault and discourage similar behavior in the future. They differ from compensatory damages, which are awarded to recover actual loss.
Medical Experts
Even though medical advancements have made childbirth more safe than ever before, there are certain risks for both mother and baby. It is up to the nurses and doctors involved in a birth to be professional and avoid mistakes that could cause catastrophic harm for the health of both parties. Parents can be able to sue for damages if the nurses and doctors fail to act professionally during the delivery.
A birth injury attorney will work closely with you throughout the entire duration of your case, from beginning with the initial consultation until final resolution. They will gather evidence from you like witness testimonies and medical records and will also seek expert opinions from various sources, including other doctors and specialists.
The experts will analyze the evidence and provide a formal opinion as to whether the injuries resulted from medical negligence. This will be utilized by the lawyer to decide on how to proceed.
If a medical professional is of the opinion that malpractice was committed the lawyer will file a lawsuit against those responsible parties. This includes the obstetrician who was in charge of your pregnancy, and any surgeons, nurses, or hospital personnel who assisted during the delivery.
The cost of a lawsuit can be high because of the numerous fees, including those for records, expert witnesses and depositions. Your lawyer will pay these costs and pay you back once they have won an agreement on your behalf.
Prepare for the trial
A birth injury lawyer will work any case in which the baby was injured due to doctor negligence, either prior to or during or shortly after birth. The attorney will look at two aspects when analyzing the case in determining whether there is evidence of medical negligence, and how severe the injury is.
Attorneys frequently consult with medical experts to determine whether the injury was caused by medical negligence. Experts will carefully review documents from the pregnancy, birth of the child and the medical treatment for the injuries following. They will also be able to assess the impact of the injuries on the child as well as his or her future life.
The experts will assist the lawyer determine which medical professionals should be included in the lawsuit. The lawyer will then send a letter the medical providers and their insurance companies inquiring them to respond to the lawsuit. A good birth injury attorney will know how to negotiate with the insurance companies and will be ready to make the case go to trial should it be necessary.
Parents may be entitled to damages for medical expenses related to the injuries suffered by their child. They may also be able to claim damages for their pain and suffering. These damages can add up when the child's injuries are serious. A good birth injury attorney can help maximize the amount of money paid to the parents.
Insurance Companies
While a birth injury lawsuit will not reverse the damage that occurred to your child, it may cover future medical expenses as well as the cost of therapy as well as home modifications and ongoing support. These costs might seem overwhelming at first, however, a reputable birth injury lawsuits injury attorney will collaborate with several experts to calculate the financial impact of any injury to your family and the amount you are entitled to be compensated for these expenses.
To file a claim for birth injury, you must first prove that your doctor and your child have an official relationship and that the doctor violated this relationship by acting negligently before or during the birth of your child. This can be simple to prove by obtaining your medical records and hospital bills.
Once this is established the lawyer will need to determine what specific actions the doctor made that were negligent and how they impacted your child's health. A birth injury attorney will know what to look for and where to obtain the medical documentation and expert witness testimony to prove your case.
A good birth injury attorney will take care of all the complexities of your case and should not require you to pay out of pocket to pursue justice. They should be willing to work on a contingent fee basis, Birth injury attorney meaning that they only be paid if they succeed in winning your case and the amount they earn is a percentage of the settlement or award you receive.
