Birth injuries happen in around 7 out of every 1,000 babies born in the United States. These injuries can cause severe physical injuries to the mother or the baby. Studies show that a large percentage of these injuries are preventable as they’re often caused by negligence. So, if your family suffered these injuries, it can seek justice by suing the hospital or medical professionals. Involving a birth injury attorney can boost your chances of receiving fair compensation. Here’s how birth injury attorneys help families seek justice
Case Evaluation and Investigation
The initial step in seeking justice in a birth injury case is proving medical negligence. You need to prove that the doctor/hospital breached the duty of care. You’ll also need to present evidence for the correlation between the injuries suffered and the breach care.
Involving a birth injury attorney can help you handle these things. The lawyer will conduct thorough investigations and generate reports to support your case. They’ll consult other medical experts who can become key witnesses in your case.
The goal is to establish a direct correlation between the doctor/hospital’s actions or inactions and the injuries sustained by the baby or mother. They’ll also provide evidence to demonstrate that the injury was preventable and was caused by negligence.
Negotiating Settlements
In most situations, birth injury cases are settled outside the court. Usually, the hospital or doctor has malpractice insurance to cover medical claims. However, this does not mean that your family will be automatically compensated by the insurance company. You’ll need to present your claim and negotiate with the insurance firm.
So, involve a birth injury attorney to handle the settlement negotiations. The lawyer knows the value of your claim and can help you get fair compensation. They also know tactics most insurance companies employ to deny claims or delay the process and how to counter them.
Seeking Punitive Damages
Birth injuries cause agony to both the mother and baby and their families. Getting justice helps victims not only to heal but also to guard others from similar ordeals. One approach that can be effective in this endeavor is seeking punitive damages.
A birth injury attorney can play a huge role in this legal process. They can consolidate compelling evidence to prove the defendant’s actions go past ordinary negligence. The goal is to demonstrate recklessness or intentional misconduct. The lawyer can help you secure punitive damages, which punish the wrongdoer and act as a deterrent against future negligence. These significant financial penalties encourage healthcare providers and institutions to adhere strictly to medical standards, promoting safer practices.
Conclusion
Birth injury cases, like other medical malpractice claims, can be complex and time-consuming. That’s why it can be wise to involve an experienced birth injury attorney. The lawyer can review your case and help you gather evidence to prove negligence. They can negotiate with the insurance companies on your behalf. You can also rely on an attorney to help you seek punitive damages. The goal is to seek justice for your family and advocate for safe health practices.
