Why You Need an Attorney for Birth Injury Claims
Birth of a baby is a miracle. If a medical error occurs during labor and birth it could be a devastating event.
Injuries can require many years of treatment, surgeries, assistive devices, and other costly medical care. Compensation can ease financial burdens and help parents concentrate on the needs of their child.
Representation in Court
An attorney can manage all communications with medical providers and insurance companies on your behalf, whether you are seeking a verdict from a jury or an out-of-court settlement. This frees you up to concentrate on the needs of your child.
Your lawyer must establish that a midwife, doctor nurse, anesthesiologist, doctor or any other medical professional violated the accepted standards of medical care during labor and delivery and that the breach led to your child's injury. This requires securing and analyzing medical records, speaking with experts in the field, and identifying policies and protocols that were not followed.
Your lawyer will also help to establish your damages. This includes compensation for your child's previous and future medical expenses loss of wages along with pain and suffering and emotional distress. In rare cases, your attorney could also seek punitive damages to punish the defendant.
A Syracuse birth injury lawyer who has years of experience can guide you through this process. They will know how to determine who may be liable and will work with financial and medical experts to determine what the appropriate amount of damages are for your family.
Generally, your attorney will typically file an Summons and Complaint to the court and the defendant will then be given the chance to respond. In most cases, the parties attempt to negotiate a settlement outside of court. However, if a settlement cannot be reached the case will go to trial.
Trials can last up to one week, based on the complexity of your case as well as any evidence or testimony required. It's important to note that many birth injury lawsuits are settled prior to trial.
You should seek out an attorney for your birth injury case that has the resources to build an impressive case and see it through to resolution, including the full trial, if necessary. This is the reason you need to look for an attorney with a history of success and is able to win large cases, not a handful of smaller ones. Cherundolo Law Firm PLLC is equipped to handle the most difficult cases. A major win could mean millions of dollars in compensation for your child and your family.
Negotiation
You have the right to financial compensation for past and future expenses if a medical error causes injuries to your child. It is also your right to hold the medical professionals accountable and encourage better safety training. However, a malpractice lawsuit is a complicated matter that requires a strong legal team to successfully navigate.
An attorney for birth injuries can assist you in gathering evidence, create an expert witness list, and propose a settlement for your case. They may also take the case to trial if a settlement can't be reached. In most cases, proving that medical professionals have violated an ethical standard is the first step. This can be done with medical records and other documents relating to the incident. A medical expert will provide an opinion. This is usually done through a deposition, or reviewing the case file.
Your lawyer can then send the expert's report to the insurance company along with claims for damages. The insurance company may then offer a settlement. Your lawyer can negotiate the terms of the agreement to determine if the agreement is fair.
The long-term costs of a birth defect could be substantial. It can easily approach (and sometimes even exceed) $1 million, when you add in the cost of medication therapy, lost wages, expenses for home modification and much more. A skilled attorney will know how to calculate these damages and be able to present them in a precise manner before the jury.
Insurers employ a variety tactics to make injured plaintiffs accept low settlement offers. They often know that you are in urgent need of funds to cover medical bills, and they will try to get you to settle for far less than what your case is worth. An attorney for birth injuries can help you ward off these pressures and ensure that the settlement fairly reflects your actual losses.
Most lawyers charge a contingency rate, so you won't have to pay upfront fees. They will cover the cost of litigation and advance any necessary expenses including expert and deposition costs and they will only be paid when they win the settlement or judgment on your behalf.
Expert Witnesses
In medical malpractice claims experts play a vital role in proving the elements of the claim. In cases of birth injuries, these experts are usually medical professionals who have specialized knowledge in the field of medicine that is relevant to the matter. The expert witness is required to prove that the medical professional acted in violation of their duty to care by deviating away from established standards of care and, as a consequence it caused harm to a patient.
Your lawyer will work with these experts to build your child's claim. They will examine medical records, determine if the defendant has complied with the standards of medical treatment, establish the defendant's actions are deviating from this standard, and then connect this negligence with the injuries of your child. The experts will be required to testify on their findings in court and write reports.
An experienced attorney can identify and retain the best experts in your case. They will ensure that the experts you choose to hire are respected in their field and are able to explain complex or technical concepts to jurors. They'll also be able to construct a robust case to support your claim using the evidence of your child's injury, including medical reports, imaging studies and witness statements.
In addition to the expert witnesses your attorney will collaborate with, you may also require the services of an economics expert to establish the worth of your child's future damages. The expert will assist you to determine the cost over the course of your child's care and treatment, as well as their loss of earning capacity. Plaintiffs often challenge plaintiffs' expert witnesses by providing their own expert opinions.
Having a knowledgeable and skilled attorney is the most important step in pursuing a legal claim for birth injuries. A lawyer can help you gather the evidence you need and then present your claim in court and fight for all the compensation that you are entitled to. They can guide you through the entire process and give you peace of mind throughout the way. A competent birth injury lawyer will offer free consultations and an arrangement with a contingent fee. This means that you won't be required to pay until they prevail in the case.
Demand Package
A demand package is a form of documentation that contains all economic and non-economic damages your client claims. These documents are used in settlement negotiations and a good one can help maximize your client's compensation. The documents should be presented in chronological order, so your attorney can easily explain the impact of each injury. Medical records, bills, and post-accident treatment such as physical therapy are good examples of evidence to include in your demand packet. It should also contain detailed calculations of your client's economic loss, such as lost income, future earning potential and cost of training. This comprehensive analysis leaves little room for debate and can strengthen your case.
The majority of birth injuries have a lifelong effect, which makes it vital for families to receive compensation to cover the current and future care costs. Damage awards can range from minor to catastrophic. The most serious cases, like cerebral palsy and other permanently disabled conditions, usually result in multi-million dollar judgments and settlements.
Medical malpractice lawsuits can be filed on the basis of two theories: medical errors and medical negligence. Medical negligence is when medical professionals fail to adhere the expected standard of care and results in injury or death. The majority of attorneys employ both theories to ensure that they cover all bases and secure the highest possible award for their clients.
birth injury legal counsel of states have special funds to reimburse families for medical expenses that result from birth injuries. For instance, Florida's Birth-Related Neurological Injury Compensation Program will pay for life-long medical treatment and other expenses. Other states have medical indemnity programs to reduce the costs of malpractice lawsuits. These include the earliest fund in New York and Virginia's program that covers future medical costs following a verdict or settlement in a birth-related brain injury case.
An attorney can assist parents know the options to recover damages from medical mistakes or negligent actions. An attorney can also assist parents navigate the complex procedure of filing a lawsuit in the event of a birth injury. The statute of limitations differs by state and limits the time frame in which lawsuits can be filed.