Five Birth Injury Lawyers Projects For Any Budget
How a Birth Injury Attorney Can Help Families Get the Compensation They Need
The risk of complications can be present during and after a child's birth despite advances in medical technology that make it safer than ever. If you believe your child suffered a preventable birth injury, contact an experienced birth injury attorney immediately.
A firm that concentrates on birth injury cases will usually cover all litigation costs, and only be compensated when they are successful in winning the case and receive compensation.
Damages
Although advances in medicine have made childbirth more secure than it used to be yet many mothers and babies are still susceptible to injuries due to a variety reasons. These include oxygen deprivation, head trauma, and infections. These injuries can cause permanent and devastation to the body like cerebral palsy. A good birth injury attorney can help families receive the compensation they need to pay for lifelong treatment and support.
Your lawyer will ask for all relevant medical records and reports related to the baby's injury. He or she may also hire medical experts who will review the evidence and give an official opinion as to whether the medical professionals who delivered your baby did not follow the standard care. In a typical case an expert will examine the medical care provided by defendant to practices generally accepted by medical professionals who have the same experience and education.
Economic and non-economic damages are able to be awarded. Economic damages may include medical expenses, lost income, and property damage. Non-economic damages include emotional distress and suffering and pain. In rare instances punitive damages can also be awarded. These are intended to punish the party at fault and discourage similar behavior in the future. They are distinct from compensatory damages, which are awarded to cover actual losses.
Medical Experts
Although advances in medicine have made childbirth more safe than ever before, there are some risks for both mother and baby. It is the responsibility of doctors and nurses who are involved in the birth to be professional and to avoid mistakes that can have devastating consequences for both the baby's and mother's health. Parents may claim damages if nurses and doctors fail to act professionally during a delivery.
A birth injury attorney will be in close contact with you throughout the entire duration of your case, beginning from the initial consultation to the final resolution. They will gather evidence from you such as witness testimonies and medical records as well as seek expert opinions from many sources, including other doctors and specialists.
The experts will examine the evidence and provide a formal opinion as to whether the injuries were the result of medical negligence. The lawyer will then use this to determine how to proceed.
If the medical professional agrees that there was a malpractice the lawyer will file an action against the accountable parties. This typically includes the obstetrician in charge of the delivery and pregnancy as well as any surgeons or nurses who assisted during the birth injury lawsuits as well as the hospital where the birth took place.
Lawsuits can be expensive because of the numerous fees, including those for documents, expert witnesses and depositions. Your lawyer will cover these expenses and then reimburse you once they have settled your case.
Preparing for trial
A birth injury lawyer will take every case where the baby suffered injuries due to a doctor's negligence, whether before, during, or shortly after birth. When reviewing the case, the lawyer will look at two things: whether or not there is evidence of medical negligence and the severity of the injury.
Attorneys will often consult with medical experts to determine if the injury was the result of medical negligence. These experts will carefully review documents from the pregnancy, the child's birth and the medical treatment for the injuries that occurred afterward. They will also be able to assess the effects of the injuries suffered by the child on his or her future.
The experts will aid the lawyer in determining which medical professionals are to be named as defendants in the lawsuit. The lawyer will send an inquiry letter to medical providers and insurers to respond to the claim. A good birth injury attorney will know how to negotiate with insurance companies and be ready to go to trial if needed.
Parents could be entitled to damages for past and future medical expenses arising from the injuries sustained by their child. You may also receive damages for your pain and suffering. These damages can be significant when the child's injuries are severe. A good birth injury attorney will be able to maximize the amount of compensation that is paid to the parents.
Insurance Companies
Although a lawsuit for birth injuries will not reverse the damage that occurred to your child, it could help pay for future medical expenses and the cost of therapy as well as home modifications and ongoing support. The costs could seem overwhelming, but an experienced birth injury lawyer will work with a number of experts to determine the financial impact on your family's finances from a specific injury and how much compensation you are entitled to.
The first step in a birth injury lawsuit is to prove that the doctor involved in your case had an professional relationship with you and your child, and that they violated the relationship by acting negligently either prior to or after the birth of your child. This may be easy to prove by obtaining your medical records and hospital bills.
Once 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 records and expert witness testimony to demonstrate your case.
A good birth injury attorney will take care of all the complexities of your case and should never require you to come out of your pocket to seek justice. They should 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 from the settlement or award.