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How a Birth Injury Attorney Can Help Families Get the Compensation They Need
Although medical advances make childbirth safer than ever, complications can still arise after the birth of the baby. If you suspect that your child suffered from a preventable birth injury, you should contact an experienced birth injury lawyer right away.
A firm specializing in birth injuries will typically cover all litigation costs, and only pay when they receive an award in your case.
Damages
Although medical advances have made childbirth more secure than it was previously but many mothers and their babies are still at risk for injuries resulting from a variety reasons. Head trauma and oxygen deprivation are among the most common. These injuries can cause catastrophic disabilities like cerebral palsy. An experienced birth injury lawyer will assist families to receive the compensation they need to pay for lifelong treatment and support.
Your lawyer will request all relevant medical records and reports relating to your baby's injuries. They may employ medical experts to analyze the evidence and provide a formal opinion on whether the medical professionals who delivered your baby have violated the standards of care. In a typical case, an expert will assess the medical care offered by the defendant with practices typically accepted by medical professionals with similar experience and qualifications.
Economic and non-economic damages may be awarded. Economic damages may include medical expenses loss of income, property damage. Non-economic damages include emotional distress as well as pain and suffering. In rare circumstances, punitive damages can also be awarded. These are meant to penalize the party at fault and discourage similar behavior in future. These are different from compensatory damages which are awarded to cover actual loss.
Medical Experts
Even though medical advances have made childbirth more secure than ever, the process is not without risk for both the mother and the baby. It is up to the nurses and doctors involved in the birth process to be professional and avoid mistakes that could have devastating consequences for the health of both parties. When they fail to do this and cause birth injuries parents may be able to seek compensation for their damages.
A birth injury lawyer will be in close contact with you for the duration of your case, beginning from the initial consultation to the final resolution. They will collect evidence from you, including witness testimony and medical records. They will also get expert opinions from other sources like doctors and specialists.
The experts will examine the evidence and give an official opinion on whether the injuries were the result of medical negligence. The lawyer will use this to decide on the best way to proceed.
If a medical professional is of the opinion that malpractice was committed, your lawyer will file a lawsuit against the responsible parties. This includes the obstetrician in charge of your pregnancy, and any nurses, surgeons or hospital personnel who assisted during the birth.
The cost of a lawsuit can be high due to the many fees such as the cost of documents, expert witnesses and depositions. Your lawyer will advance these expenses and then reimburse you when they have negotiated a settlement on your behalf.
Prepare for Trial
In general, a birth injuries lawyer will take on every case where the infant was injured because of negligence by a doctor before, during or shortly after birth. The lawyer will consider two factors when analyzing the case to determine if there evidence of medical negligence, and how serious the injury.
Often, lawyers will consult with medical experts to determine whether medical malpractice led to the injury. These experts will review all documentation related to pregnancy, childbirth and medical treatment for injuries. They will also be able assess the impact of the injuries on the child as well as their future.
The experts will assist the lawyer determine which medical providers should be named in the lawsuit. The lawyer will then send a letter to the medical providers and their insurance companies asking them to reply to the lawsuit. A reputable birth injury lawyer will know how to negotiate with insurance companies and be ready to go to trial should it be necessary.
Parents may be entitled for damages for future and past medical costs related to the injuries suffered by their child. They may also be able to claim damages for their pain and suffering. The amount of damages could be substantial in the event that the child's injuries are severe. An experienced birth injury lawyer can maximize the compensation given to parents.
Insurance Companies
A lawsuit for birth injuries can't repair the harm caused to your child but it could help cover future medical costs therapy, home modifications and ongoing support. These costs might appear overwhelming at first, but a skilled birth injury lawyer will work with a variety of experts to assess the financial impact of a specific injury on your family, and what amount you are entitled to compensation for these costs.
The first step in a birth injury claim is to establish that the doctor who handled your case had an official relationship with you and your child and that they breached that relationship by acting negligently either prior to or after the child's birth. It is easy to prove this by collecting your medical records and hospital bills.
Once this has been established the lawyer will need to identify what specific actions the doctor performed that were negligent and how they affected your child's health. A birth injury lawyer will know what to look for and how to obtain the medical records and expert witness testimony to support your case.
A reputable birth injury lawyer will take care of all the complexities of your case and should never require you to pay out of your pocket to seek justice. They should be able to work on a contingency basis which means that they only receive payment if they win your case. The amount they earn is a portion of the settlement or award you receive.
Although medical advances make childbirth safer than ever, complications can still arise after the birth of the baby. If you suspect that your child suffered from a preventable birth injury, you should contact an experienced birth injury lawyer right away.
A firm specializing in birth injuries will typically cover all litigation costs, and only pay when they receive an award in your case.
Damages
Although medical advances have made childbirth more secure than it was previously but many mothers and their babies are still at risk for injuries resulting from a variety reasons. Head trauma and oxygen deprivation are among the most common. These injuries can cause catastrophic disabilities like cerebral palsy. An experienced birth injury lawyer will assist families to receive the compensation they need to pay for lifelong treatment and support.
Your lawyer will request all relevant medical records and reports relating to your baby's injuries. They may employ medical experts to analyze the evidence and provide a formal opinion on whether the medical professionals who delivered your baby have violated the standards of care. In a typical case, an expert will assess the medical care offered by the defendant with practices typically accepted by medical professionals with similar experience and qualifications.
Economic and non-economic damages may be awarded. Economic damages may include medical expenses loss of income, property damage. Non-economic damages include emotional distress as well as pain and suffering. In rare circumstances, punitive damages can also be awarded. These are meant to penalize the party at fault and discourage similar behavior in future. These are different from compensatory damages which are awarded to cover actual loss.
Medical Experts
Even though medical advances have made childbirth more secure than ever, the process is not without risk for both the mother and the baby. It is up to the nurses and doctors involved in the birth process to be professional and avoid mistakes that could have devastating consequences for the health of both parties. When they fail to do this and cause birth injuries parents may be able to seek compensation for their damages.
A birth injury lawyer will be in close contact with you for the duration of your case, beginning from the initial consultation to the final resolution. They will collect evidence from you, including witness testimony and medical records. They will also get expert opinions from other sources like doctors and specialists.
The experts will examine the evidence and give an official opinion on whether the injuries were the result of medical negligence. The lawyer will use this to decide on the best way to proceed.
If a medical professional is of the opinion that malpractice was committed, your lawyer will file a lawsuit against the responsible parties. This includes the obstetrician in charge of your pregnancy, and any nurses, surgeons or hospital personnel who assisted during the birth.
The cost of a lawsuit can be high due to the many fees such as the cost of documents, expert witnesses and depositions. Your lawyer will advance these expenses and then reimburse you when they have negotiated a settlement on your behalf.
Prepare for Trial
In general, a birth injuries lawyer will take on every case where the infant was injured because of negligence by a doctor before, during or shortly after birth. The lawyer will consider two factors when analyzing the case to determine if there evidence of medical negligence, and how serious the injury.
Often, lawyers will consult with medical experts to determine whether medical malpractice led to the injury. These experts will review all documentation related to pregnancy, childbirth and medical treatment for injuries. They will also be able assess the impact of the injuries on the child as well as their future.
The experts will assist the lawyer determine which medical providers should be named in the lawsuit. The lawyer will then send a letter to the medical providers and their insurance companies asking them to reply to the lawsuit. A reputable birth injury lawyer will know how to negotiate with insurance companies and be ready to go to trial should it be necessary.
Parents may be entitled for damages for future and past medical costs related to the injuries suffered by their child. They may also be able to claim damages for their pain and suffering. The amount of damages could be substantial in the event that the child's injuries are severe. An experienced birth injury lawyer can maximize the compensation given to parents.
Insurance Companies
A lawsuit for birth injuries can't repair the harm caused to your child but it could help cover future medical costs therapy, home modifications and ongoing support. These costs might appear overwhelming at first, but a skilled birth injury lawyer will work with a variety of experts to assess the financial impact of a specific injury on your family, and what amount you are entitled to compensation for these costs.
The first step in a birth injury claim is to establish that the doctor who handled your case had an official relationship with you and your child and that they breached that relationship by acting negligently either prior to or after the child's birth. It is easy to prove this by collecting your medical records and hospital bills.
Once this has been established the lawyer will need to identify what specific actions the doctor performed that were negligent and how they affected your child's health. A birth injury lawyer will know what to look for and how to obtain the medical records and expert witness testimony to support your case.
A reputable birth injury lawyer will take care of all the complexities of your case and should never require you to pay out of your pocket to seek justice. They should be able to work on a contingency basis which means that they only receive payment if they win your case. The amount they earn is a portion of the settlement or award you receive.
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