How a Birth Injury Attorney Can Help Families Get the Compensation They Need

Complications can still occur in the course of a child's birth despite the advancements in medicine making it more secure than ever. If you suspect your child suffered from a preventable birth injury, consult an experienced birth injury lawyer immediately.

A firm that specializes on birth injury cases will typically finance all litigation costs and only be paid if they win compensation in your case.

Damages

While advances in medicine have made birthing safer than ever before however, mothers and their infants are at a higher risk of injury due to a variety of reasons. These include oxygen deprivation, head trauma and infections. These injuries can cause devastating disabilities, such as cerebral palsy. An experienced birth injury lawyer can help families get the compensation they need to cover lifelong medical treatment and support.

Your lawyer will request all medical records and reports related to the injuries sustained by your baby. The attorney may also employ medical experts who will review the evidence and give an official opinion as to whether the medical personnel who delivered your baby did not follow the standard of care. In a typical instance, an expert will compare the medical care provided by the defendant with the practices commonly accepted by other medical professionals with similar training and experience.

Damages are awarded for economic and non-economic losses. Economic damages cover costs like future and current medical bills, lost income and property losses. Non-economic damages include emotional distress as well as suffering and pain. In rare cases, punitive damages may also be awarded. These are intended to punish the party responsible and discourage similar behavior in the future. They are different from compensatory damages which are given to compensate for actual losses.

Medical Experts

While medical advances have made childbirth safer than ever before, the process still involves some risk for both baby and mother. It is up to the nurses and doctors involved in a delivery to behave professionally and avoid mistakes that could result in devastating consequences for the health of both parties. Parents can claim damages if doctors and nurses do not behave professionally during a delivery.

A birth injury lawyer will work closely with you throughout the entire duration of your case, from beginning with the initial consultation until final resolution. They will collect evidence from you, including witness testimony and medical records. They will also get expert opinions from other sources, including doctors and specialists.

The experts will analyze the evidence and give an official opinion on whether the injuries were the result of medical negligence. The lawyer will use this to determine how to proceed.

If the medical expert confirms that a mistake was committed, your lawyer will file a suit against the responsible parties. This typically includes the obstetrician who was in charge of the delivery and pregnancy, any nurses or surgeons who assisted in the delivery and the hospital where the birth injury law firms occurred.

The costs of a lawsuit could be expensive due to the charges for expert witnesses, records, and depositions. Your lawyer will advance these costs and then reimburse you when they have won an agreement on your behalf.

Preparing for the Trial

A birth injury lawyer will work on any case where the baby was injured as a result of doctor negligence, either prior to, during, or shortly after delivery. In analyzing the case the lawyer will be looking at two aspects: whether there are any evidences of medical negligence, as well as the extent of the injury.

In most cases, attorneys consult with medical experts to determine if medical negligence caused the injury. The experts will go through all documentation related to childbirth, pregnancy and medical treatment for injuries. They will also be able to evaluate the effects of the injuries on the child and his or her future.

The experts will assist the lawyer in determining which medical providers are to be named as defendants in the lawsuit. The lawyer will write an email asking the medical providers and insurers to respond to the claim. A reputable birth injury lawyer will be able to negotiate with insurance companies and will be prepared to take the case to trial if needed.

Parents may be entitled to damages for past and future medical expenses related to their child's injuries. They may also be awarded damages for pain and suffering. These damages can mount up in the event that the child's injuries are severe. An experienced birth injury lawyer can maximize the amount of money paid to the parents.

Insurance Companies

Although a lawsuit for birth injuries can't undo the harm that was done to your child, it could pay for future medical expenses as well as the cost of therapy or home modifications as well as ongoing support. These costs may seem overwhelming, but a knowledgeable birth injury lawyer will work with several experts to determine the financial impact on your family of a specific injury and how much compensation you are entitled to.

In order to submit a claim for birth injuries it is necessary to prove that your doctor and your child have an official relationship and that they violated this relationship by committing a negligent act prior to or during your child's birth. You can easily prove this by obtaining your medical records and hospital bills.

After this is established the lawyer will need to determine the specific actions that the doctor made that were negligent and how they affected your child's health. A birth injury lawyer will know what to look for and how to obtain the medical records and expert witness testimony to demonstrate your case.

A reputable birth injury lawyer will handle all the complexities of your case and should not require you to pay out of your pocket to seek justice. They should work on a contingent fee basis which means they only get paid if they win your case and the amount they earn is a portion of the settlement or award you receive.