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There are still complications that can occur during and after a child's birth despite advances in medical technology making it more secure than ever. If you suspect that your child has suffered an injury to their birth that could have been avoided from happening, consult a birth injury lawyer immediately.
A firm that is specialized in birth injury cases will generally advance all costs associated with a lawsuit and only receive payment if they receive compensation for your case.
Damages
Although medical advances have made childbirth a lot safer than it was previously yet many mothers and babies are still susceptible to injuries due to a variety reasons. Head trauma and oxygen deprivation are among the most common. These injuries can cause devastating disabilities, such as cerebral palsy. A reputable birth injury lawyer can assist families to receive compensation for the ongoing treatment and care they need.
Your lawyer will request all medical records and reports that relate to the injuries sustained by your baby. The attorney may also hire medical experts who will analyze the evidence and give an opinion in writing on whether the medical professionals who delivered your baby violated the standards of care. In a typical case, an expert will assess the medical care provided by the defendant to the practices generally accepted by other medical professionals who have similar education and experience.
Damages can be awarded for both economic and non-economic losses. Economic damages include medical costs, lost income, Birth Injury Lawyers and property damage. Non-economic damages include emotional distress, pain and suffering. In rare cases the punitive damages might be awarded. They are designed to punish the person responsible and deter similar behavior in the future. These are separate from the compensation damages that are awarded to cover actual losses.
Medical Experts
While medical advances have made childbirth more safe than ever before, there are certain risks for both mother and baby. It is the responsibility of nurses and doctors involved in the birth to act professionally, and to avoid making mistakes that could have disastrous consequences for both the baby's and mother's health. Parents may sue for damages if doctors and nurses do not behave professionally during a delivery.
From the initial consultation until the final resolution, a Birth Injury lawyers injury lawyer will be closely involved in your case. They will gather evidence from you such as witness statements and medical records and will also seek expert opinions from a variety of sources including other doctors and specialists.
The experts will analyze the evidence and provide a formal opinion as to whether the injuries were the result of medical negligence. The lawyer will use this information to determine the best way to proceed.
If the medical professional confirms that a mistake was committed your lawyer will file a lawsuit against the accountable parties. This includes the obstetrician who was in charge of your pregnancy, as well as any surgeons, nurses or hospital staff who assisted during the delivery.
The cost of a lawsuit are high due to the costs for expert witnesses, records and depositions. Your lawyer will advance these costs and pay you back once they have negotiated a settlement on your behalf.
Prepare for the trial
In general, a birth injury lawyer will consider cases where the baby suffered injuries because of negligence by a doctor before or shortly after delivery. The attorney will look at two factors when analyzing the case to determine if there is evidence of medical negligence and the severity of the injury.
Often, attorneys consult with medical experts to determine if medical malpractice caused the injury. These experts will review all records pertaining to the birth, pregnancy, and medical treatment for injuries. They will also be in a position to evaluate the impact 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 then send a letter the medical providers and their insurance companies asking them to reply to the claim. A reputable birth injury lawsuits injury lawyer will know how to negotiate with insurance companies and be ready to take the case to trial should it be necessary.
Parents may be entitled to compensation for medical expenses related to the injuries suffered by their child. You may also be entitled to damages for pain and suffering. These damages can be substantial particularly if the child's injuries were severe. A skilled birth injury lawyer can maximize the compensation that is awarded to parents.
Insurance Companies
A lawsuit for birth injuries can't repair the harm caused to your child but it could help cover future medical expenses therapies, home modifications, and ongoing support. These expenses may seem daunting, but a skilled birth injury lawyer will work with a variety of experts to determine the financial effects on your family from a specific injury and the amount of compensation you are entitled to.
In order to file a claim for birth injuries you must first establish that your doctor and your child have an official relationship and that he or she breached this relationship by committing a negligent act prior to or during the time of your child's birth. This may be easy to prove by obtaining your medical documents and birth injury lawyers hospital bills.
Once this has been established the lawyer needs to determine the specific actions that the doctor took that were negligent and how these impacted the health of your child. A birth injury attorney will know what to look for and where you can get the medical records and expert witness testimony needed to prove your case.
A good birth injury lawyer will manage the complexity of your case and never require you to pay for justice. They should be able to work on a basis of contingency fees which means that they only receive payment if they win your case. The amount they get is a percentage of the settlement or award you receive.
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