10 Birth Injury Lawyers Hacks All Experts Recommend
How a Birth Injury Attorney Can Help Families Get the Compensation They Need
There are still complications that can occur during and after a child's birth despite advancements in medical technology that make it safer than ever. If you suspect your child was injured due to a birth injury, speak to an experienced attorney for birth injuries immediately.
A firm that specializes in cases involving birth injuries will generally advance all lawsuit expenses and only be paid if they are awarded compensation for your case.
Damages
While medical advances have made childbirth safer than ever before but mothers and infants are at a higher risk of injury due to variety of reasons. The lack of oxygen and head trauma are among the most frequent. These injuries can cause devastating disabilities like cerebral palsy. An experienced attorney for birth injuries will assist families to receive the compensation they require to cover lifelong medical treatment and support.
Your lawyer will request all medical records and reports relevant to the injury suffered by your baby. They will also hire medical experts to review the evidence and provide an official opinion on whether the medical personnel involved in the delivery of your baby violated the standard of care. In a typical case, an expert will assess the medical treatment provided by the defendant with the standard practices used by other medical professionals with similar training and experience.
Damages can be awarded for economic and non-economic losses. Economic damages cover expenses like future and current medical bills, lost income, and property losses. Non-economic damages could include emotional distress, suffering and pain. In some cases, punitive damages can also be awarded. They are intended to punish the responsible party and discourage similar behavior in future. They differ from compensatory damages which are awarded to cover actual loss.
Medical Experts
Even though medical advances have made childbirth more secure than ever before, the process is not without risk for mother and baby. It is up to the nurses and doctors involved in the birth process to be professional and avoid mistakes that could cause catastrophic harm for the health of both parties. If they fail to act accordingly and cause birth injuries parents may claim compensation for the damage.
An attorney for birth injuries will be in close contact with you for birth injuries the duration of your case, from the initial consultation to the final resolution. They will gather evidence from you such as witness statements and medical records and also get expert opinions from a variety of sources including other specialists and doctors.
These experts will examine all evidence and provide an opinion in writing on whether the injuries are due to medical negligence. This will be used by the lawyer to decide on what to do next.
If the medical expert is of the opinion that there was a malpractice the lawyer will file a lawsuit against the responsible parties. This usually includes the obstetrician who was in charge of your pregnancy and delivery and any nurses or surgeons who assisted during the birth as well as the hospital where the birth took.
Lawsuits can be expensive due to the many fees such as those for records, expert witnesses, and depositions. Your lawyer will cover these expenses and then reimburse you once they settle your case.
Preparing for the Trial
In general, a birth injuries lawyer is a person who handles any case in which the infant suffered injuries because of negligence by a doctor before or shortly after delivery. When examining the case, the lawyer will be looking at two things: whether there are any indications of medical negligence and the extent of the injury.
In most cases, attorneys consult with medical experts in order to determine if a medical error led to the injury. They will look over all documents related to childbirth, birth injuries pregnancy and medical treatment for injuries. They will also be able to evaluate the impact of the injuries sustained by the child on their future.
The experts will assist the lawyer decide which medical professionals should be included in the lawsuit. The lawyer will issue a letter asking the medical providers and insurers to respond to the complaint. A reputable attorney for birth injuries will know how to negotiate with insurance companies and will be ready to make the case go to trial if necessary.
Parents may be entitled to damages for past and future medical expenses that result from their child's injuries. You may also receive damages for the pain and suffering you have endured. These damages can be significant when the child's injuries are severe. An experienced attorney for birth injuries will be able to maximize the amount of money awarded to the parents.
Insurance Companies
Although a lawsuit for birth injuries will not reverse the damage that occurred to your child, it could pay for future medical expenses, the cost of therapy, home modifications, and ongoing support. These costs may seem overwhelming at first, but a skilled birth injury attorney will work with a variety of experts to calculate the financial impact of a particular injury on your family and how much you are entitled to compensation for these expenses.
The first step in a birth injury claim is to prove that the doctor involved in your case had an established professional relationship with you and your child, and that they breached the trust by committing a breach during or before your child's delivery. This can be easy to prove by obtaining your medical records and hospital bills.
After this is established the lawyer must identify what specific actions the doctor made that were negligent and how these impacted your child's health. An attorney for birth injuries will know what to look for and where you can get the medical records and expert witness testimony needed to establish your case.
A good birth injury lawyer will manage the complexity of your case and will never ask you to pay for justice. They should be able and willing to work on an ad-hoc basis. This means that they will only be paid if they win your case and their fee is a proportion of the settlement or award.