How a Birth Injury Attorney Can Help Families Get the Compensation They Need
Complications can still occur during and after the birth of a baby despite the advancements in medicine making it more secure than ever. If you believe your child suffered a birth injury that could have been prevented, contact a birth injury lawyer immediately.
A firm that is specialized in cases involving north Wildwood birth injury lawsuit injuries generally advances all costs associated with a lawsuit and only receive payment if they are awarded the case.
Damages
While advances in medicine have made childbirth more secure than ever before however, mothers and their babies are still at risk of risk of injury due to number of reasons. These include oxygen deprivation, head trauma and infections. These injuries can result in permanent and traumatic disabilities like cerebral palsy. A reputable birth injury lawyer can help families get compensation for the lifelong medical treatment and care they require.
Your attorney will request all pertinent medical records and reports related to the baby’s injury. He or she will also engage medical experts to examine the evidence and provide an official opinion on whether the medical personnel involved in the birth of your baby violated the standard of care. In a typical case, an expert will evaluate the medical treatment provided by defendant to practices that are commonly used by medical experts who have the same experience and education.
Non-economic and economic damages can be awarded. Economic damages cover costs like future and current medical bills, lost income and property loss. Non-economic damages include emotional distress and suffering and pain. In rare instances, punitive damages may also be awarded. They are designed to punish the responsible party and discourage similar behavior in future. They are separate from compensatory damages which are given to compensate for actual losses.
Medical Experts
While advances in medicine have made childbirth more safe than ever before, there are still some risks for both mother and baby. It is the responsibility of doctors and nurses involved in a delivery to behave professionally and avoid mistakes that could result in devastating consequences for the health of both parties. Parents can claim damages if nurses and doctors fail to act professionally during the delivery.
An attorney for birth injuries will work closely with you throughout the entire duration of your case, beginning from the initial consultation to the final resolution. They will collect evidence from you like witness statements and medical records, and also obtain expert opinions from a variety of sources including other doctors and specialists.
They will look over the evidence and offer a formal opinion as to whether the injuries resulted from negligence on the part of a medical professional. The lawyer will then use this to decide on the best way to proceed.
If the medical expert is of the opinion that there was a malpractice the lawyer will file an action against the accountable parties. This includes the obstetrician in charge of your pregnancy, and any surgeons, nurses or hospital staff who assisted during the birth.
The cost of a lawsuit can be high due to the costs for expert witnesses, evidence, and depositions. Your lawyer will cover these costs and then reimburse you when they have won a settlement on your behalf.
Prepare for Trial
Generally, a birth injury lawyer is a person who handles every case where the infant suffered injuries due to negligence of a doctor prior to or shortly after birth. When examining the case, the lawyer will be looking at two aspects: whether there is evidence of medical negligence, as well as the severity of the injury.
In most cases, attorneys consult with medical experts in order to determine if a medical error caused the injury. They will look over all records pertaining to the pregnancy, childbirth, and medical treatment for injuries. They will also be in a position to determine the effects of the injuries sustained by the child on their future.
The experts will help the lawyer determine which medical providers should be included in the lawsuit. The lawyer will issue an inquiry letter to medical providers and insurers to respond to the complaint. A reputable birth injury lawyer will know how to negotiate with the insurance companies and be ready to bring the case to trial if needed.
Parents could be entitled to damages for future and past medical expenses related to their child’s injuries. You may also receive damages for your pain and suffering. These damages can add up in the event that the child’s injuries are serious. A good dana point birth injury attorney injury lawyer will maximize the amount of compensation paid to parents.
Insurance Companies
Although a lawsuit for birth injuries can’t reverse the harm done to your child, it can help pay for future medical expenses and the cost of therapy, home modifications and on-going support. These expenses may appear overwhelming at first, but a competent birth injury lawyer will work with a variety of experts to calculate the financial impact of any accident on your family and how much you’re entitled to be compensated for these expenses.
The first step in a birth injury claim is to prove that the doctor in your case had an professional relationship with you and your child, and that they breached that relationship by acting negligently prior to or during your child’s delivery. This may be easy to prove through the collection of your medical documents and hospital bills.
Once this is established Once this is established, your lawyer will need to identify the specific actions taken by the doctor who was negligent and the effect they caused to your child’s well-being. An attorney for birth injuries will know what to look for and how to obtain the medical documentation and expert witness testimony needed to prove your case.
A good birth injury attorney will take care of the many complexities of your case and should never ask you to pay out of your pocket to seek justice. They should be able to work on a contingency basis which means that they receive compensation if they prevail in your case and the amount they get is a percentage of the settlement or award you receive.