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How a Birth Injury Attorney Can Help Families Get the Compensation They Need
Complications are still possible in the course of a child's birth despite advances in medical technology making it safer than ever. If you suspect your child suffered a preventable birth injury, you should contact an experienced birth injury attorney immediately.
A firm that is specialized in birth injury cases will typically advance all costs associated with a lawsuit and only receive payment if they are awarded compensation for your case.
Damages
While advances in medicine have made childbirth safer than it was previously, many mothers and babies are still at risk for injuries due to a variety reasons. The lack of oxygen and head trauma are among the most common. These injuries can lead to long-lasting and devastating disabilities such as cerebral palsy. A good birth injury attorney will assist families to receive the compensation they require to cover lifelong medical treatment and care.
Your lawyer will request all medical records and reports that relate to the injury suffered by your baby. The attorney can also engage medical experts who will review the evidence and give an official opinion on whether the medical professionals who delivered your baby violated the standards of care. In a typical case an expert will examine the medical care provided by the defendant to the practices commonly accepted by other medical professionals with similar qualifications and experience.
Non-economic and economic damages can be awarded. Economic damages include medical expenses, lost income, and property damage. Non-economic damages include emotional distress as well as pain and suffering. In rare circumstances, punitive damages are also awarded. They are intended to penalize the party at fault and discourage similar behavior in the future. These are separate from the compensatory damages that are given to compensate for actual losses.
Medical Experts
Although advances in medicine have made childbirth more secure than ever before, the process still poses a risk for both the mother and the baby. It is the responsibility of the nurses and doctors who are involved in the birth to act professionally, and to avoid making mistakes that could have disastrous consequences for both mother and baby's health. If they fail to follow through and cause a birth injury parents may claim compensation for the damage.
A birth injury attorney will work closely with you throughout the duration of your case from the initial consultation to the final resolution. They will collect evidence from you like witness statements and medical records and also get expert opinions from numerous sources including other specialists and doctors.
The experts will examine the evidence and give a formal opinion as to whether the injuries resulted from medical negligence. The lawyer will use this to determine how to proceed.
If a medical professional is of the opinion that malpractice occurred, your lawyer will file a lawsuit against the accountable parties. This typically consists of the obstetrician who was in charge of the delivery and pregnancy as well as any surgeons or nurses who assisted during the birth, as well as the hospital where the birth took place.
The cost of litigation can be quite high due to the many fees such as those for records, expert witnesses, and depositions. Your lawyer will advance these costs and pay you back once they have negotiated settlement on your behalf.
Preparing for trial
Generally, a birth injury lawyer takes any case where the infant was injured due to negligence of a doctor prior to, during or shortly after birth. The lawyer will consider two things when reviewing the case in determining whether there is evidence of medical negligence, and how serious the injury.
In most cases, attorneys consult with medical experts to determine if medical negligence led to the injury. They will look over all documentation related to birth, pregnancy, and medical treatment for injuries. They will also be able to examine the effects of the injuries on the child as well as his or her future.
The experts will assist the lawyer determine which medical providers should be named in the lawsuit. The lawyer will send a letter asking the medical providers and insurers to respond to the complaint. A good birth injury attorney will know how to negotiate with the insurance companies and be prepared to take the case to trial if necessary.
Parents may be entitled for damages for future and past medical expenses resulting from the injuries of their child. They could also be awarded damages for pain and suffering. The amount of damages could be substantial in the event that the child's injuries are severe. A good birth injury attorney will be able to maximize the amount of compensation given to parents.
Insurance Companies
While a birth injury lawsuit cannot undo what happened to your child, it can pay for future medical expenses and the cost of therapy as well as home modifications and ongoing support. These expenses may appear overwhelming at first, but a good birth injury lawyer will work with a variety of experts to assess the financial impact of a specific injury to your family and what amount you are legally entitled to receive compensation for these costs.
The first step in a birth injury lawsuit is to establish that the doctor who handled your case had a professional relationship with you and your child, and that they violated the trust by committing a breach either prior to or after the birth injuries of your child. This is easy to prove by obtaining your medical records and hospital bills.
Once this is established the lawyer must determine the specific actions that the doctor performed that were negligent and how these affected your child's health. A birth injury attorneys injury attorney will know what to look for and where you can get the medical documentation and expert witness testimony needed to establish your case.
A good birth injury attorney will take care of all the complexities of your case and will never ask you to pay out of your pocket to seek justice. They should be able to work on a contingency fee basis, meaning that they only be paid if they succeed in winning your case. The amount they get is a percentage of the settlement or award you receive.
Complications are still possible in the course of a child's birth despite advances in medical technology making it safer than ever. If you suspect your child suffered a preventable birth injury, you should contact an experienced birth injury attorney immediately.
A firm that is specialized in birth injury cases will typically advance all costs associated with a lawsuit and only receive payment if they are awarded compensation for your case.
Damages
While advances in medicine have made childbirth safer than it was previously, many mothers and babies are still at risk for injuries due to a variety reasons. The lack of oxygen and head trauma are among the most common. These injuries can lead to long-lasting and devastating disabilities such as cerebral palsy. A good birth injury attorney will assist families to receive the compensation they require to cover lifelong medical treatment and care.
Your lawyer will request all medical records and reports that relate to the injury suffered by your baby. The attorney can also engage medical experts who will review the evidence and give an official opinion on whether the medical professionals who delivered your baby violated the standards of care. In a typical case an expert will examine the medical care provided by the defendant to the practices commonly accepted by other medical professionals with similar qualifications and experience.
Non-economic and economic damages can be awarded. Economic damages include medical expenses, lost income, and property damage. Non-economic damages include emotional distress as well as pain and suffering. In rare circumstances, punitive damages are also awarded. They are intended to penalize the party at fault and discourage similar behavior in the future. These are separate from the compensatory damages that are given to compensate for actual losses.
Medical Experts
Although advances in medicine have made childbirth more secure than ever before, the process still poses a risk for both the mother and the baby. It is the responsibility of the nurses and doctors who are involved in the birth to act professionally, and to avoid making mistakes that could have disastrous consequences for both mother and baby's health. If they fail to follow through and cause a birth injury parents may claim compensation for the damage.
A birth injury attorney will work closely with you throughout the duration of your case from the initial consultation to the final resolution. They will collect evidence from you like witness statements and medical records and also get expert opinions from numerous sources including other specialists and doctors.
The experts will examine the evidence and give a formal opinion as to whether the injuries resulted from medical negligence. The lawyer will use this to determine how to proceed.
If a medical professional is of the opinion that malpractice occurred, your lawyer will file a lawsuit against the accountable parties. This typically consists of the obstetrician who was in charge of the delivery and pregnancy as well as any surgeons or nurses who assisted during the birth, as well as the hospital where the birth took place.
The cost of litigation can be quite high due to the many fees such as those for records, expert witnesses, and depositions. Your lawyer will advance these costs and pay you back once they have negotiated settlement on your behalf.
Preparing for trial
Generally, a birth injury lawyer takes any case where the infant was injured due to negligence of a doctor prior to, during or shortly after birth. The lawyer will consider two things when reviewing the case in determining whether there is evidence of medical negligence, and how serious the injury.
In most cases, attorneys consult with medical experts to determine if medical negligence led to the injury. They will look over all documentation related to birth, pregnancy, and medical treatment for injuries. They will also be able to examine the effects of the injuries on the child as well as his or her future.
The experts will assist the lawyer determine which medical providers should be named in the lawsuit. The lawyer will send a letter asking the medical providers and insurers to respond to the complaint. A good birth injury attorney will know how to negotiate with the insurance companies and be prepared to take the case to trial if necessary.
Parents may be entitled for damages for future and past medical expenses resulting from the injuries of their child. They could also be awarded damages for pain and suffering. The amount of damages could be substantial in the event that the child's injuries are severe. A good birth injury attorney will be able to maximize the amount of compensation given to parents.
Insurance Companies
While a birth injury lawsuit cannot undo what happened to your child, it can pay for future medical expenses and the cost of therapy as well as home modifications and ongoing support. These expenses may appear overwhelming at first, but a good birth injury lawyer will work with a variety of experts to assess the financial impact of a specific injury to your family and what amount you are legally entitled to receive compensation for these costs.
The first step in a birth injury lawsuit is to establish that the doctor who handled your case had a professional relationship with you and your child, and that they violated the trust by committing a breach either prior to or after the birth injuries of your child. This is easy to prove by obtaining your medical records and hospital bills.
Once this is established the lawyer must determine the specific actions that the doctor performed that were negligent and how these affected your child's health. A birth injury attorneys injury attorney will know what to look for and where you can get the medical documentation and expert witness testimony needed to establish your case.
A good birth injury attorney will take care of all the complexities of your case and will never ask you to pay out of your pocket to seek justice. They should be able to work on a contingency fee basis, meaning that they only be paid if they succeed in winning your case. The amount they get is a percentage of the settlement or award you receive.
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