Mariam Caraway asked 2 months ago
How a Birth Injury Attorney Can Help Families Get the Compensation They Need
While advances in medicine make births more secure than ever but complications can still occur during and after the birth of the baby. If you believe your child suffered an unavoidable birth injury, consult an experienced birth injury attorney immediately.
A firm that specializes in cases involving birth injuries will typically advance the entire cost of a lawsuit. They will only receive payment if they are awarded compensation for your case.
Damages
Although medical advances have made childbirth a lot safer than it was previously but many mothers and their babies are still susceptible to injuries from a variety of reasons. The lack of oxygen and head trauma are among the most frequent. These injuries can cause catastrophic disabilities, such as cerebral palsy. A skilled birth injury lawyer can assist families in obtaining compensation for the lifetime treatment and care they need.
Your attorney will ask for all medical records and other reports pertaining to the injuries sustained by your baby. They will also hire medical experts to review the evidence and provide a formal opinion about whether the medical professionals involved in your baby’s birth violated the standard of medical care. In the typical scenario, an expert will examine the medical care provided by defendant to practices typically accepted by medical experts who have the same experience and education.
Non-economic and economic damages can be awarded. Economic damages are for expenses like current and future medical bills, lost income, and property losses. Non-economic damages include emotional distress, suffering and pain. In rare cases the punitive damages might be awarded. They are intended to penalize the party responsible and discourage similar behavior in the future. They are distinct from compensatory damages awarded to cover actual losses.
Medical Experts
While medical advances have made childbirth safer than ever before, there remain some risks for both the mother and baby. It is the responsibility of nurses and doctors involved in the birth process to be professional and avoid mistakes that could result in devastating consequences for the health of both parties. If they fail to do so and cause birth injuries parents may claim compensation for their injuries.
From the initial consultation to the final resolution A birth injury lawyer will closely work on your case. They will gather evidence from you like medical records and witness testimony and will also seek expert opinions from various sources, including other specialists and doctors.
These experts will review all the evidence, and provide an official opinion on whether the injuries are because of medical negligence. This will be utilized by the lawyer to determine what to do next.
If the medical professional confirms that a mistake was committed, your lawyer will file suit against the accountable parties. This includes the obstetrician in charge of your pregnancy, any surgeons, nurses, or hospital personnel who helped during the delivery.
The costs of a lawsuit may be expensive due to the charges for expert witnesses, records and depositions. Your lawyer will pay these expenses and then reimburse you once they have settled your case.
Prepare for trial
Generally, a birth injury lawyer is a person who handles any case where the infant suffered injuries because of negligence by a doctor before or shortly after Birth Injury Law Firms. When examining the case, the lawyer will take into consideration two things: whether or not there are any evidences of medical negligence and the extent of the injury.
In most cases, attorneys consult with medical experts to determine whether medical malpractice led to the injury. The experts will go through all documentation related to pregnancy, childbirth, and medical treatment for injuries. They will also be able evaluate the effects of the injuries on the child and the future of the child.
The experts will assist the lawyer determine which medical professionals should be named in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurance companies inquiring them to respond to the lawsuit. A reputable birth injury lawyer will know how work with insurance companies and be prepared to take on trial if required.
Parents could be entitled to damages for past and future medical expenses that result from the injuries sustained by their child. You may also be entitled to damages for pain and suffering. These damages can be significant when the child’s injuries were severe. A reputable birth injury lawyer can maximize the amount of compensation given to parents.
Insurance Companies
A birth injury lawsuit isn’t able to repair the harm caused to your child but it could help cover future medical costs, therapy, home modifications, and ongoing support. These expenses may seem overwhelming at first, however, a reputable birth injury lawyer will collaborate with several experts to estimate the financial impact of a specific injury on your family and what amount you are entitled to receive in compensation for these costs.
The first step in a birth injury claim is to establish that the doctor in your case had an professional relationship with you and your child and that they violated that relationship by acting negligently before or during your child’s delivery. You can easily prove this by collecting your medical bills and hospital bills.
After this is established the lawyer needs to determine what specific actions the doctor took that were negligent and how they impacted your child’s health. A birth injury lawyer will know where to get the medical documents along with expert witness testimony and other evidence to support your claim.
A good birth injury lawyer will deal with the many complexities of your case and never ask you to pay for justice. They should be willing to work on a contingency basis which means they only receive compensation if they prevail in your case and the amount they receive is a percentage of the settlement or award you receive.