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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 that make it safer than ever. If you believe your child suffered an injury to their birth that could have been prevented contact a birth injuries lawyer immediately.
A firm that specializes in cases involving birth injuries will generally advance the entire cost of a lawsuit. They will only get paid when they receive the case.
Damages
Although advances in medicine have made birthing safer than ever before however, mothers and their babies are still at high risk of injury due to number of reasons. The lack of oxygen and head trauma are among the most frequent. These injuries can lead to devastating disabilities such as cerebral palsy. A skilled birth injury lawyer can assist families in obtaining the compensation they need to cover lifelong medical treatment and support.
Your lawyer will request all pertinent medical records and reports relating to your baby's injuries. They may also employ medical experts to analyze the evidence and give an official opinion as to whether the medical personnel who delivered your baby have violated the standard of care. In a typical case, an expert will assess the medical care offered by the defendant with the practices that are commonly used by other medical professionals with similar education and experience.
Economic and non-economic damages are able to be awarded. Economic damages may include medical expenses, lost income and property damage. Non-economic damages may include emotional distress and suffering. In rare instances, punitive damages are also awarded. These are designed to punish the at-fault party and prevent similar behavior in the future. They are distinct from compensatory damages, which are awarded to compensate for actual losses.
Medical Experts
Although advances in medicine have made childbirth safer than ever, the procedure remains a risky one for both the mother and the baby. It is up to the doctors and nurses involved in the birth process to behave in a professional manner and avoid mistakes that could result in devastating consequences for the health of both parties. If they fail to do so and cause a birth injury parents can claim compensation for their injuries.
A birth injury attorney will be in close contact with you throughout the entire duration of your case from beginning with the initial consultation until final resolution. They will gather evidence from you such as witness testimonies and medical records, and also obtain expert opinions from a variety of sources including other doctors and specialists.
These experts will review the evidence and give a formal opinion as to whether the injuries were caused by medical negligence. This will be utilized by the lawyer to determine what to do next.
If the medical expert is of the opinion that malpractice was committed the lawyer will file a lawsuit against the responsible parties. This typically includes the obstetrician responsible for your pregnancy and Vimeo delivery, any nurses or surgeons who helped during the delivery and the hospital where the birth took place.
The cost of a lawsuit can be high due to the cost for expert witnesses, evidence, and depositions. Your lawyer will cover these expenses and then reimburse you once they have settled your case.
Preparing for Trial
A birth injury lawyer will take on any case in which the baby suffered injuries due to doctor negligence, either prior to, during, or shortly after birth. The lawyer will consider two factors when analyzing the case in determining whether there is evidence of medical negligence, and the severity of the injury.
Attorneys often consult with medical experts to determine if the injury was the result of medical negligence. Experts will carefully review the records of the pregnancy, the child's birth and the medical treatment given to the injuries afterward. They will also be able to determine the effects of the injuries suffered by the child on their future.
The experts will aid the lawyer in determining the medical providers who will be named as defendants in the lawsuit. The lawyer will send a letter to the medical providers and their insurers asking them to reply to the claim. A reputable birth injury lawyer will know how work with insurance companies and be ready to go to trial if needed.
Parents could be entitled to compensation for Vimeo medical expenses that result from their child's injuries. You may also be entitled to damages for the pain and suffering you have endured. These damages can be significant particularly if the child's injuries were serious. A reputable birth injury lawyer will maximize the compensation awarded to parents.
Insurance Companies
A birth injury lawsuit isn't able to erase the harm done to your child, but it could cover future medical expenses therapies, home modifications, and ongoing support. These costs can seem overwhelming, but a seasoned birth injury lawyer will work with a team of experts to assess the financial impact on your family of the injury you sustained and the amount of compensation you are entitled to.
In order to submit a claim for birth injury first, you must prove that your doctor and your child had a professional relationship and that they violated this relationship by failing to act properly prior to or during the birth of your child. You can easily prove this by collecting your medical bills and hospital bills.
Once this is established, the lawyer will have to identify the specific actions the doctor made that were negligent and how they impacted your child's health. A wharton birth injury attorney injury lawyer will know where to get the medical documentation along with expert witness testimony and other evidence to support your claim.
A reputable birth injury lawyer will handle the details of your case and never ask you to pay for justice. They should be able and willing to work on an hourly basis. This means they will only be paid if they win your case and their fee is a percentage of the settlement or award.