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While advances in medicine make birthing safer than ever before, complications can still arise following the birth of the baby. If you believe your child suffered an unavoidable birth injury, speak to an experienced birth injury attorney right away.
A firm specializing in birth injury cases will typically cover all litigation costs, and only be compensated when they receive the case and receive compensation.
Damages
Although medical advances have made childbirth more secure than it used to be but many mothers and their babies are still at risk for injuries from a variety of reasons. These include oxygen deprivation, head trauma and infections. These injuries can cause catastrophic disabilities such as cerebral palsy. A good birth injury attorney will assist families to receive the compensation they require to cover lifelong medical treatment and support.
Your attorney will ask for all medical records and reports related to the injuries suffered by your baby. The attorney may employ medical experts who will review the evidence and give an official opinion as to whether the medical personnel who delivered your baby violated the standard of care. In a typical case, an expert will compare medical care provided by the defendant to practices that are commonly used by medical experts with similar experience and qualifications.
Economic and non-economic damages can be awarded. Economic damages include medical costs, lost income, and property damage. Non-economic damages include emotional distress and pain and suffering. In rare instances punitive damages could also be awarded. They are intended to penalize the party at fault and discourage similar behavior in the future. They are distinct from compensatory damages awarded to cover actual losses.
Medical Experts
Even though medical advancements have made childbirth safer than ever before, there are still some risks for both mother and baby. It is the responsibility of nurses and doctors involved in a delivery to act professionally and avoid mistakes which could have catastrophic consequences for the health of both parties. Parents can 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, beginning from the initial consultation until the final resolution. They will gather evidence from you like witness statements and medical records as well as seek expert opinions from numerous sources including other doctors and specialists.
These experts will examine all evidence and provide an official opinion on whether the injuries occurred by medical negligence. This will be utilized by the lawyer to decide how to proceed.
If the medical expert agrees that there was a malpractice and your lawyer files a lawsuit against those responsible parties. This typically includes the obstetrician who was in charge of the delivery and pregnancy and any nurses or surgeons who helped during the delivery and the hospital where the birth injury law firms took place.
The cost of litigation can be quite high as a result of the many fees like the cost of records, expert witnesses, and depositions. Your lawyer will advance these expenses and then reimburse you once they have won an agreement on your behalf.
Prepare for trial
A birth injury lawyer will work on any case where the baby suffered injuries due to a doctor's negligence, either prior to, during, or shortly following delivery. When reviewing the case, the attorney will consider two things: whether or not there are any evidences of medical negligence as well as the severity of the injury.
Attorneys frequently consult with medical experts to determine if the injury was the result of medical negligence. Experts will examine all documentation related to birth, pregnancy, and medical treatment for injuries. They will also be able to determine the effects of the injuries sustained by the child on his or her future.
The experts will help the lawyer determine which medical professionals are to be named as defendants in the lawsuit. The lawyer will then send an email asking the medical providers and insurers to respond to the complaint. A good birth injury attorney will be able to negotiate with insurance companies and will be prepared to go to trial should it be necessary.
Parents could be entitled to damages for medical expenses related to the injuries suffered by their child. You could also be entitled to compensation for the pain and suffering you have endured. These damages can add up, especially if the child's injuries are severe. A good birth injury lawsuits injury attorney will be able to maximize the amount of compensation awarded to the parents.
Insurance Companies
While a birth injury lawsuit can't reverse the harm done to your child, it can cover future medical expenses as well as the cost of therapy, home modifications, and ongoing support. These costs may seem overwhelming at first, but a competent birth injury lawyer will collaborate with several experts to assess the financial impact of a specific accident on your family and the amount you are entitled to receive in compensation for these expenses.
The first step in a birth injury claim is to establish that the doctor involved in your case had an official relationship with your child and you, and that they violated the relationship by acting negligently before or during your child's delivery. It is easy to establish this by obtaining your medical bills and hospital bills.
Once this has been established the lawyer must identify the specific actions the doctor performed that were negligent and how they affected your child's health. A birth injury attorney will know what to look for and where to get the medical records and expert witness testimony needed to demonstrate your case.
A good birth injury attorney will take care of the many complexities of your case and will not require you to pay out of your pocket to seek justice. They should be willing and birth injury attorney able to work on an ad-hoc basis. This means they will only get paid when they win your case and their fee is a percentage from the settlement or award.
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