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Complications can still occur during and after the birth of a child despite the advancements in medicine making it safer than ever. If you suspect that your child was injured due to a birth injury, you should contact an experienced birth injury lawyer immediately.
A firm that specializes in cases involving birth injuries will typically advance all costs associated with a lawsuit and only get paid when they are awarded the case.
Damages
While medical advances have made childbirth safer than it was previously yet many mothers and babies are still susceptible to injuries due to a variety of reasons. These include oxygen deprivation head trauma, and infections. These injuries can cause catastrophic disabilities such as cerebral palsy. An experienced birth injury lawyer can help families receive the compensation they need to cover the cost of lifelong treatment and care.
Your lawyer will request all pertinent medical records and reports relating to the baby's injury. He or she will also engage medical experts to review the evidence and provide an opinion regarding whether the medical personnel involved in your baby's birth breached the standard of care. In the typical scenario, an expert will evaluate the medical treatment provided by the defendant to methods that are commonly used by medical professionals who have the same experience and education.
Non-economic and economic damages can be awarded. Economic damages cover expenses like future and current medical bills, lost income and property losses. Non-economic damages include emotional distress and suffering and pain. In rare cases punitive damages can also be awarded. They are intended to penalize the at-fault party and prevent similar behavior in the future. They are different from compensatory damages that are granted to recover actual losses.
Medical Experts
While medical advances have made childbirth more secure than ever, the procedure is not without risk for both baby and mother. It is the responsibility of the nurses and doctors involved in the birth to behave in a professional manner, and to avoid making mistakes which could result in devastating consequences for birth injury lawyer both the baby's and mother's health. Parents may seek damages if doctors and nurses do not behave professionally during a delivery.
A birth injury lawyer will work closely with you for the duration of your case from beginning with the initial consultation until final resolution. They will gather evidence from you, like witness testimony and medical records. They will also seek expert opinions from other sources, including doctors and specialists.
They will look over all evidence and provide a formal opinion on whether the injuries were by medical negligence. The lawyer will use this to determine how to proceed.
If the medical expert agrees that malpractice was committed, your lawyer will file a lawsuit against those responsible parties. This typically consists of the obstetrician who was responsible for the delivery and pregnancy and any nurses or surgeons who assisted during the birth as well as the hospital in which the birth took place.
Lawsuits can be expensive as a result of the numerous fees, including those for records, expert witnesses, and depositions. Your lawyer will cover these costs and pay you back once they have negotiated an agreement on your behalf.
Preparing for Trial
A birth injury lawyer will take every case where the baby suffered injuries due to doctor negligence, before, during, or shortly following delivery. When examining the case, the attorney will consider two things: whether or not there is evidence of medical negligence, as well as the severity of the injury.
In most cases, attorneys consult with medical experts in order to determine if medical malpractice caused the injury. The experts will carefully examine documents from the pregnancy, the child's birth and the medical treatment for the injuries following. They will also be able to determine the effects of the injuries sustained by the child on his or her future.
The experts will assist the lawyer to 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 asking them to reply to the claim. A reputable birth injury lawyer will be able to negotiate with insurance companies and be ready to take the case to trial if necessary.
Parents may be entitled for damages for past and future medical expenses that result from the injuries of their child. You may also be entitled to damages for your pain and suffering. These damages can be significant in the event that a child's injuries were serious. An experienced birth injury law firms injury lawyer will be able to maximize the amount of compensation that is awarded to parents.
Insurance Companies
A birth injury lawsuit can't reverse the harm done to your child but it can help pay for future medical costs therapy, home modifications and ongoing support. These expenses may seem overwhelming, but a seasoned birth injury lawyer will work with several experts to determine the financial impact on your family's finances from the injury you sustained and Birth Injury Lawyer how much compensation you are entitled to.
In order to file a claim for birth injury it is necessary to prove that your doctor and your child shared an established professional relationship and he or she breached this relationship by failing to act properly prior to or during the birth of your child. It is easy to prove this by obtaining your hospital bills and medical records.
After this is established the lawyer must identify the specific actions the doctor made that were negligent and how these affected your child's health. A birth injury lawyer will know what to look for and where to obtain the medical documentation and expert witness testimony to prove your case.
A reputable birth injury lawyer can handle the entire complexity of your case. They will never require you to come out of your pocket to seek justice. They should be willing to work on a contingency fee basis which means that they receive payment if they win your case. The amount they receive is a percentage of the settlement or award you receive.
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