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Complications can still occur during and after a child's birth, despite medical advances making it safer than ever. If you suspect your child suffered a preventable birth injury, contact an experienced attorney for birth injuries right away.
A firm specializing in birth injuries will typically finance all litigation costs and only be paid if they obtain compensation in your case.
Damages
While medical advances have made birthing safer than ever before, many mothers and their infants are still at a high risk of injury due to a number of reasons. The lack of oxygen and head trauma are among the most common. These injuries can cause permanent and traumatic disabilities such as cerebral palsy. A skilled birth injury lawyer can assist families to receive compensation for the ongoing medical and treatment they require.
Your attorney will request all relevant medical records and reports relating to the injury your baby sustained. They may employ medical experts to analyze the evidence and give an official opinion on whether the medical professionals who delivered your baby violated the standard of care. In a typical case, an expert will assess the medical care provided by the defendant to practices commonly accepted by medical professionals who have the same experience and education.
Damages are awarded for economic and non-economic losses. Economic damages include medical costs, lost income and property damage. Non-economic damages include emotional distress, suffering and pain. In rare instances punitive damages could also be awarded. They are designed to punish the party at fault and discourage similar behavior in future. These are different from compensatory damages which are awarded to compensate for actual loss.
Medical Experts
Although advances in medicine have made childbirth safer than ever before, there remain some risks for both mother and baby. It is up to the doctors and nurses involved in a delivery to act professionally and avoid mistakes that could cause catastrophic harm for the health of both parties. Parents may sue for damages if nurses and doctors are not professional during the delivery.
From the first consultation to the final resolution An attorney for birth injuries will closely assist you with your case. They will collect evidence from you, like witness testimony and medical records. They will also obtain expert opinions from other sources, including doctors and specialists.
These experts will review the evidence and give a formal opinion as to whether the injuries resulted from negligence on the part of a medical professional. This will be utilized by the lawyer to decide on the best way to proceed.
If the medical professional agrees that there was a malpractice, your lawyer will file a lawsuit against the responsible parties. This includes the obstetrician who was in charge of your pregnancy, any nurses, surgeons or hospital personnel who assisted during the delivery.
The costs of a lawsuit are expensive due to the charges for expert witnesses, documents, and depositions. Your lawyer will pay these expenses, and will reimburse you after they have settled your case.
Preparing for Trial
A birth injury lawyer will work on any case where the baby was injured due to a doctor's negligence, either prior Birth injury lawsuit to, during, or shortly after delivery. The attorney will look at two things when reviewing the case whether there is evidence of medical negligence and how severe the injury is.
Often, attorneys consult with medical experts to determine if a medical error led to the injury. Experts will carefully review records from the pregnancy, birth of the child and the medical treatment that was received for the injuries later. They will also be able to evaluate the effects of the injuries on the child and the future of the child.
The experts will assist the lawyer identify which medical professionals should be named in the lawsuit. The lawyer will send an email to the medical providers and insurers to respond to the claim. A reputable attorney for birth injuries will know how to negotiate with the insurance companies and will be ready to make the case go to trial if necessary.
Parents may be entitled to compensation for past and future medical expenses that result from the injuries sustained by their child. They could also be awarded damages for their pain and suffering. The amount of damages could be substantial in the event that the child's injuries are serious. An experienced birth injury lawyer will be able to 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 may be used to pay for future medical expenses and the cost of therapy, home modifications, and ongoing support. These costs may seem overwhelming, but a seasoned birth injury lawyer will work with a variety of experts to determine the financial impact on your family of an injury, and the amount of compensation you are entitled to.
To claim a birth injuries it is necessary to prove that your doctor and your child had an official relationship and that they violated this relationship by acting negligently before or during your child's birth. You can easily prove this by obtaining your medical records and hospital bills.
Once this is established After this is established, the lawyer needs to identify the specific actions taken by the doctor that were negligent and the effect they affected your child's health. A birth injury lawyer will know what to look for and where to obtain the medical records and expert witness testimony to prove your case.
A good birth injury lawyer will take care of the complexities of your claim and will never ask you to pay for justice. They should be willing and able to work on a contingent fee basis. This means that they only get paid when they win your case and their fee is a portion of the settlement or award.
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