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The risk of complications can be present during and after the birth of a baby, despite medical advances that make it safer than ever. If you suspect that your child suffered from a preventable birth injury, speak to an experienced birth injury attorney right away.
A firm that specializes in birth injury cases generally will advance the entire cost of a lawsuit. They will only get paid when they are awarded the case.
Damages
Although advances in medicine have made childbirth much safer than it used to be but many mothers and their babies are still susceptible to 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 can help families get the compensation they need to fund lifelong care and support.
Your attorney will ask for all medical records and other reports pertaining to the injuries suffered by your baby. He or Birth Injury she may also hire medical experts who will review the evidence and provide an official opinion as to whether the medical professionals who delivered your baby have violated the standards of care. In a typical case an expert will examine the medical care offered by the defendant with practices typically accepted by medical experts with similar training and experience.
Damages can be awarded for economic and non-economic losses. Economic damages cover costs including future and present medical bills, lost income and property losses. Non-economic damages include emotional distress as well as suffering and pain. In rare instances, punitive damages are also awarded. These are intended to punish the party at fault and discourage similar behavior in the future. They are distinct from compensatory damages that are awarded to cover actual loss.
Medical Experts
While advances in medicine have made childbirth more safe than ever before, there are still some risks for both the mother and baby. It is up to the doctors and nurses involved in the birth process to behave in a professional manner and avoid making mistakes that could result in devastating consequences for the health of both parties. If they fail to do so and cause a birth injury parents can claim compensation for their injuries.
A birth injury attorney will be in close contact with you throughout the duration of your case, starting from beginning with the initial consultation until final resolution. They will collect evidence from you like witness testimonies and medical records and will also seek expert opinions from numerous sources including other doctors and specialists.
These experts will review the evidence and provide a formal opinion as to whether the injuries were the result of medical negligence. The lawyer will use this to determine how to proceed.
If the medical expert agrees with you that malpractice occurred Your lawyer will file suit against the responsible parties. This typically includes the obstetrician responsible for the delivery and pregnancy, any nurses or surgeons who helped during the delivery and the hospital in which the birth took place.
The costs of a lawsuit could be high due to the costs for expert witnesses, documents, and depositions. Your lawyer will advance these costs and then reimburse you once they have negotiated an agreement on your behalf.
Preparing for the Trial
Generally, a birth injury lawyer will take on cases where the infant was injured because of negligence by a doctor before, during or shortly after birth injury attorneys. The lawyer will take into consideration two factors when analyzing the case in determining whether there evidence of medical negligence, and how serious the injury.
Attorneys frequently consult with medical experts to determine whether the injury was the result of medical malpractice. These experts will carefully review the records of the pregnancy, the child's birth and the medical treatment received for the injuries later. They will also be able to evaluate the effects of the injuries on the child as well as the future of the child.
The experts will assist the lawyer determine the medical providers that should be included in the lawsuit. The lawyer will issue a letter asking the medical providers and insurers to respond to the claim. A good birth injury attorney will know how to negotiate with the insurance companies and be prepared to bring the case to trial should it be necessary.
Parents may be entitled to compensation for medical expenses that result from the injuries sustained by their child. Additionally, you could be awarded damages for pain and suffering. These damages can be significant, especially if the child's injuries are severe. A good birth injury attorney will be able to maximize the compensation awarded to the parents.
Insurance Companies
While a birth injury lawsuit can't reverse the harm done to your child, it can be used to pay for future medical expenses and the cost of therapy, home modifications, and ongoing support. These costs may seem overwhelming at first however, a reputable birth injury lawyer will work with multiple experts to determine the financial impact of a particular injury on your family, and the amount you are entitled to receive in compensation for these costs.
The first step in a birth injury lawsuit is to establish that the doctor in your case had an official relationship with you and your child, and that they breached this relationship by acting negligently during or before the child's birth. This can be simple to prove through the collection of your medical documents and hospital bills.
Once this is established after this is established, the lawyer must identify the specific actions performed by the doctor who was negligent and the impact they caused to your child's well-being. A birth injury attorney will know what to look for and where to get the medical documentation and expert witness testimony to support your case.
A good birth injury attorney will take care of all the complexities of your case. They will never ask you to pay out of your pocket to seek justice. They must be able and willing to work on an hourly basis. This means that they'll only get paid when they win your case, and their fee is a percentage of the settlement or award.
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