How a Birth Injury Attorney Can Help Families Get the Compensation They Need
The risk of complications can be present during and after the birth of a baby despite advances in medical technology making it more secure than ever. If you suspect that your child suffered a preventable birth injury, you should contact an experienced birth injury lawyer right away.
A firm that is specialized in birth injury cases generally will advance all costs associated with a lawsuit and only get paid when they receive compensation for your case.
Damages
While medical advances have made childbirth a lot safer than it used to be but many mothers and their babies are still at risk for injuries due to a variety reasons. Head trauma and oxygen deprivation are among the most frequent. These injuries can cause devastating disabilities like cerebral palsy. A skilled lawyer for birth injuries will help families obtain an award for the lifelong treatment and medical care they require.
Your attorney will request all relevant medical records and reports relating to the injury your baby sustained. He or she may also engage medical experts who will review the evidence and give an official opinion on whether the medical professionals who delivered your baby have violated the standards of care. In the typical scenario, an expert will examine the medical care provided by defendant to practices that are commonly used by medical experts with similar experience and qualifications.
Damages are awarded for economic and non-economic losses. Economic damages can include medical expenses loss of income, property damage. Non-economic damages include emotional distress as well as pain and suffering. In rare instances, punitive damages may also be awarded. They are intended to penalize the party at fault and discourage similar conduct in the future. These are separate from the compensation damages that are granted to recover actual losses.
Medical Experts
While medical advances have made childbirth more secure than ever, the process remains a risky one for mother and baby. It is the responsibility of the nurses and doctors involved in the delivery to be professional and to avoid mistakes that could cause devastating harm for both the baby’s and mother’s health. When they fail to follow through and cause a birth injury, parents can claim compensation for their injuries.
From the initial consultation until the final resolution A birth injury lawyer will closely assist you with your case. They will collect evidence from you, like witness testimony and medical records. They will also solicit expert opinions from other sources such as doctors and specialists.
The experts will examine the evidence and offer an official opinion on whether the injuries were the result of medical negligence. This will be used by the lawyer to decide on what to do next.
If the medical expert agrees that malpractice was committed, your lawyer will file a lawsuit against the responsible parties. This typically includes the obstetrician who was responsible for the delivery and pregnancy and any nurses or surgeons who assisted in the delivery and the hospital where the birth took.
The cost of a lawsuit could be high due to the cost for expert witnesses, evidence, and depositions. Your lawyer will cover these expenses and then reimburse you after they have settled your case.
Preparing for Trial
In general, a porter birth injury lawsuit injuries lawyer will take on any case in which the infant suffered injuries due to negligence of a doctor prior to or shortly after birth. When reviewing the case, the lawyer will look at two aspects: whether there are any evidences of medical negligence and the extent of the injury.
Attorneys often consult medical experts to determine if the injury was caused by medical malpractice. These experts will carefully review the records of the pregnancy, the child’s birth and the medical treatment for the injuries later. They will also be able to evaluate the effects of the injuries on the child and his or her future.
The experts will aid the lawyer in determining which medical providers are to be named as defendants in the lawsuit. The lawyer will send an inquiry letter to medical providers and insurers to respond to the claim. A good birth injury lawyer will know how to negotiate with insurance companies, and be prepared to take on trial if required.
Parents could be entitled to compensation for medical expenses resulting from the injuries suffered by their child. They could also receive damages for their pain and suffering. These damages can be significant, especially if a child’s injuries were serious. A skilled birth injury lawyer can maximize the compensation awarded to parents.
Insurance Companies
Although a lawsuit for birth injuries cannot undo what happened to your child, it may pay for future medical expenses and the cost of therapy, home modifications and on-going support. The costs could seem overwhelming at first but a skilled birth injury attorney will work with multiple experts to calculate the financial impact of a particular accident on your family and how much you’re entitled to compensation for these costs.
The first step in a Bartlesville Birth Injury Attorney injury lawsuit is to prove that the doctor in your case had an established professional relationship with you and your child. They must also prove that they breached the trust by committing a breach prior to or during the birth of your child. You can easily prove this by collecting your medical records and hospital bills.
Once this is established the lawyer must identify the specific actions the doctor took that were negligent and how they impacted the health of your child. A birth injury attorney will know what to look for and where you can get the medical records and expert witness testimony to support your case.
A good birth injury lawyer will handle all the complexities of your case. They should not require you to pay out of pocket to pursue justice. They should work on a contingent fee basis, meaning that they only get paid if they win your case and the amount they earn is a percentage of the settlement or award you receive.