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

The risk of complications can be present in the course of the birth of a child despite advances in medical technology making it more secure than ever. If you believe your child suffered a preventable birth injury, speak to an experienced attorney for birth injuries immediately.

A firm that is specialized in cases involving birth injuries generally will advance the entire cost of a lawsuit. They will only get paid when they are awarded compensation for your case.

Damages

Although advances in medicine have made childbirth a lot safer than it was previously yet many mothers and babies are still at risk for injuries due to a variety of reasons. This includes oxygen deprivation, head trauma, and infections. These injuries can cause lasting and severe disabilities including cerebral palsy. An experienced attorney for birth injuries can help families get the compensation they need to fund lifelong care and care.

Your lawyer will request all medical records and reports relevant to the injuries sustained by your baby. The attorney will also employ medical experts to examine the evidence and give an official opinion as to whether the medical personnel involved in your baby's birth did not meet the standards of care. In the typical scenario, an expert will assess the medical care provided by the defendant to practices generally accepted by medical experts who have the same experience and education.

Economic and non-economic damages may be awarded. Economic damages include medical expenses, lost income and property damage. Non-economic damages include emotional distress, suffering and pain. In rare circumstances, punitive damages may also be awarded. They are intended to punish the at-fault party and prevent similar behavior in the future. They are distinct from compensatory damages that are awarded to cover actual losses.

Medical Experts

Even though medical advances have made childbirth more secure than ever, the procedure remains a risky one for both the mother and the baby. It is up to the doctors and nurses involved in a birth to act professionally and avoid mistakes that could result in devastating consequences for the health of both parties. If they fail to do this and cause a birth injury parents may be able to seek compensation for their losses.

An attorney for birth injuries will be in close contact with you throughout the entire duration of your case, beginning from the initial consultation until the final resolution. They will gather evidence from you like witness statements and medical records and will also seek expert opinions from various sources, including other doctors and specialists.

They will look over the evidence and give an official opinion on whether the injuries were the result of medical negligence. This will be utilized by the lawyer to decide on what to do next.

If the medical expert agrees with you that malpractice was committed, your lawyer will file a lawsuit against the responsible parties. This includes the obstetrician who was in charge of your pregnancy, any surgeons, nurses or hospital personnel who assisted during the birth.

The costs of a lawsuit may be high due to the fees for expert witnesses, evidence, and depositions. Your lawyer will cover these costs and pay you back once they have won an agreement on your behalf.

Prepare for trial

In general, a birth injury lawyer will consider every case where the baby suffered injuries due to doctor negligence before, during or shortly after delivery. When examining the case, the lawyer will take into consideration two aspects: whether there are any indications of medical negligence as well as the extent of the injury.

Often, lawyers will consult with medical experts to determine whether medical malpractice caused the injury. The experts will carefully examine records from the pregnancy, birth of the child and the medical treatment that was received for the injuries that occurred afterward. They will also be able to assess the effect of the injuries sustained by the child on their future.

The experts will help the lawyer determine which medical professionals should be named in the lawsuit. The lawyer will write an email to the medical providers and insurers to respond to the complaint. A reputable birth injury lawyer will know how deal with insurance companies and be ready to go to trial if needed.

Parents may be entitled for damages for past and future medical expenses resulting from the injuries of their child. They could also be awarded damages for their pain and suffering. These damages can be significant when the child's injuries are severe. An experienced birth injury lawyer can help maximize the amount of money paid to the parents.

Insurance Companies

While a birth injury lawsuit cannot undo what happened to your child, it can help pay for future medical expenses and the cost of therapy, home modifications, and ongoing support. These costs may seem overwhelming, but an experienced birth injury lawyer will work with a team of experts to assess the financial impact on your family of an injury that you suffered and how much compensation you are entitled to.

To file a claim for birth injuries, you must first prove that your doctor and your child had an established professional relationship and they breached that relationship by not acting appropriately prior to or during the birth of your child. It is easy to prove this by obtaining your medical bills and hospital bills.

After this is established the lawyer will need to determine the specific actions that the doctor performed that were negligent and how they affected the health of your child. A birth injury lawyer will know where to get the medical documentation, expert witness testimony and other evidence needed to prove your claim.

A reputable birth injury lawsuit injury lawyer will handle the many complexities of your case and never ask you to pay for justice. They should be willing and able to work on an ad-hoc basis. This means that they will only get paid when they win your case, and their fee is a percentage from the settlement or award.