How a Birth Injury Attorney Can Help Families Get the Compensation They Need
Although advances in medicine have made birthing safer than ever before, complications can still arise during and after the birth of an infant. If you suspect that your child has suffered a birth injury that could have been prevented contact a birth injuries lawyer right away.
A firm that is specialized in lebanon birth injury lawsuit injury cases will generally advance all lawsuit expenses and only get paid when they are awarded compensation for your case.
Damages
Although medical advances have made childbirth safer than it used to be however, many mothers and infants are still at risk of injuries due to a variety of reasons. These include oxygen deprivation, head trauma and infections. These injuries can lead to permanent and devastation to the body including cerebral palsy. A reputable birth injury lawyer will help families obtain compensation for the ongoing medical and treatment they require.
Your lawyer will seek all relevant medical records and reports relating to your baby’s injuries. The attorney can also employ medical experts who will review the evidence and provide an opinion in writing on whether the medical professionals who delivered your baby have violated the standard care. In a typical case, an expert will examine the medical treatment offered by the defendant with the practices that are commonly used by other medical professionals who have similar experience and training.
Damages are awarded for economic and non-economic losses. Economic damages cover costs like future and current medical bills, lost income and property loss. Non-economic damages include emotional distress and pain and suffering. In rare cases punitive damages can also be awarded. They are intended to punish the person who is at fault and discourage similar behavior in future. They are distinct from compensatory damages, which are awarded to cover actual loss.
Medical Experts
Even though medical advances have made childbirth more secure than ever, the procedure is not without risk for both baby and mother. It is the responsibility of doctors and nurses involved in a birth to behave in a professional manner and avoid mistakes that could result in devastating consequences for the health of both parties. Parents can claim damages if doctors and nurses fail to behave appropriately during the delivery.
A birth injury lawyer will work closely with you throughout the entire duration of your case, from the initial consultation through to the final resolution. They will gather evidence from you, including witness testimony and medical records. They will also seek expert opinions from other sources such as doctors and specialists.
These experts will review the evidence and provide a formal opinion as to whether the injuries resulted from medical negligence. This will be utilized by the lawyer to decide the best way to proceed.
If the medical expert confirms that a mistake was committed, your lawyer will file suit against the parties at fault. This includes the obstetrician in charge of your pregnancy, and any nurses, surgeons or hospital staff who assisted during the delivery.
Legal proceedings can be costly due to the many costs, such as the cost of records, expert witnesses, and depositions. Your lawyer will cover these expenses, and reimburse you once they have settled your case.
Prepare for the trial
In general, a birth injuries lawyer will consider cases where the baby suffered injuries due to doctor negligence before, during or shortly after the birth. The lawyer will take into consideration two things when reviewing the case: whether there evidence of medical negligence, and how severe the injury is.
Often, lawyers will consult with medical experts to determine whether medical malpractice led to the injury. The experts will carefully examine the records of the pregnancy, the child’s birth and the medical treatment given to the injuries following. They will also be able to assess the impact of the injuries on the child as well as his or her future.
The experts will assist the lawyer in identifying the medical providers who will be named as defendants 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 deal with insurance companies and be prepared to go to trial if needed.
Parents may be entitled to compensation for medical expenses related to their child’s injuries. They may also be awarded damages for suffering and pain. These damages can be significant particularly if the child’s injuries were severe. A skilled birth injury lawyer can maximize the amount of compensation paid to parents.
Insurance Companies
A Stroudsburg Birth Injury Law Firm (Vimeo.Com) injury lawsuit can’t undo the damage done to your child but it can cover future medical costs therapies, home modifications and ongoing support. These costs may appear overwhelming at first, but a good birth injury lawyer will collaborate with several experts to assess the financial impact of an accident on your family and how much you’re entitled to receive in compensation for these expenses.
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 violated the relationship by acting negligently before or during the birth of your child. You can easily prove this by collecting your medical bills and hospital bills.
After this is established the lawyer must determine what specific actions the doctor performed that were negligent and how these impacted the health of your child. A birth injury lawyer will know where to get the medical documents, expert witness testimony and other evidence to support your claim.
A good birth injury lawyer will manage the complexity of your case and never require you to pay for justice. They must be able and willing to work on a contingent fee basis. This means that they’ll only get paid when they win your case, and their fee is a proportion of the settlement or award.
