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Complications are still possible in the course of a child's birth, despite medical advances making it safer than ever. If you suspect that your child was injured due to a birth injury, contact an experienced birth injury attorney right away.
A firm that specializes in birth injury cases generally will advance all costs associated with a lawsuit and only get paid when they win compensation for your case.
Damages
While medical advances have made childbirth more secure than ever before but mothers and infants are still at a high danger of injury due variety reasons. This includes oxygen deprivation, head trauma, and infections. These injuries can lead to devastating disabilities, such as cerebral palsy. A good birth injury attorney can assist families in obtaining the compensation they need to cover lifelong medical treatment and care.
Your lawyer will request all relevant medical records and reports relating to the baby's injury. The attorney will also hire medical experts to analyze the evidence and provide an official opinion as to whether the medical experts involved in your baby's delivery violated the standard of medical care. In a typical situation, an expert will assess the medical care provided by the defendant to methods that are commonly used by medical experts with similar experience and training.
Economic and non-economic damages may be awarded. Economic damages are for expenses like current and future medical bills, lost income, and property losses. Non-economic damages include emotional distress and suffering. In rare circumstances, punitive damages can also be awarded. They are intended to punish the person responsible and discourage similar behaviour in the future. They differ from compensatory damages which are awarded to recover the actual losses.
Medical Experts
Even though medical advancements have made childbirth safer than ever before, there remain some risks for both the mother and baby. It is the responsibility of the 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. If they fail to do this and cause a birth injury parents may claim compensation for the damage.
A birth injury attorney will be in close contact with you throughout the entire duration of your case, from beginning with the initial consultation until final resolution. They will collect evidence from you, including witness testimony and medical records. They will also obtain expert opinions from other sources, including doctors and specialists.
These experts will review all the evidence and give an official opinion on whether the injuries were due to medical negligence. The lawyer will then use this to decide on the best way to proceed.
If the medical expert believes that a malpractice occurred Your lawyer will file a suit against the parties responsible. This includes the obstetrician in charge of your pregnancy, any nurses, surgeons, or hospital personnel who were involved in the delivery.
The cost of litigation can be quite high as a result of the many costs, such as those for documents, expert witnesses, and depositions. Your lawyer will pay these expenses, and reimburse you once they settle your case.
Preparing for a trial
Generally, a birth injury lawyer will take on every case where the infant suffered injuries due to negligence of a doctor prior to, during or shortly after the birth. When reviewing the case the lawyer will take into consideration two things: whether there is evidence of medical negligence and the extent of the injury.
In most cases, attorneys consult with medical experts in order to determine whether medical malpractice caused the injury. Experts will examine all records pertaining to the birth, pregnancy, and medical treatment for injuries. They will also be able to evaluate the effects of the injuries on the child and his or her future.
The experts will assist the lawyer determine which medical providers should be included 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 be able to negotiate with insurance companies and be prepared to take the case to trial should it be necessary.
Parents may be entitled to compensation for past and future medical expenses arising from their child's injuries. You may also receive damages for the pain and suffering you have endured. The amount of damages could be substantial, especially if the child's injuries are serious. A good birth injury attorney can help maximize the amount of money paid to the parents.
Insurance Companies
While a birth injury lawsuit can't undo the harm that was done to your child, it could cover future medical expenses and the cost of therapy, home modifications and on-going support. These costs might seem overwhelming at first but a good birth injury attorney will collaborate with a variety of experts to calculate the financial impact of an injury to your family and what amount you are legally entitled to receive compensation for these expenses.
The first step in a birth injury lawsuits injury claim is to establish that the doctor in your case had an established professional relationship with you and your child and that they violated this relationship by acting negligently before or during the child's birth. It is easy to prove this by collecting your hospital bills and medical records.
After this is established the lawyer needs to determine the specific actions that the doctor made that were negligent and how they affected the health of your child. A birth injury attorney will know what to look for and where you can get the medical documentation and expert witness testimony to establish your case.
A good birth injury attorney will handle all the complexities of your case and should never require you to pay out of pocket to pursue justice. They should work on a contingency fee basis, meaning 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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