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

Although advances in medicine make childbirth safer than ever however, complications can still happen during and after the birth of the baby. If you believe your child suffered a preventable birth injury, contact an experienced birth injury attorney right away.

A firm that is specialized in birth injury cases generally will advance all legal costs and only get paid when they win compensation for your case.

Damages

While medical advances have made childbirth more secure than ever before but many mothers and their babies are still at high risk of injury due to a number of reasons. These include oxygen deprivation head trauma and infections. These injuries can cause devastating disabilities, such as cerebral palsy. A good birth injury attorney will assist families to receive the compensation they require to pay for lifelong treatment and support.

Your lawyer will request all medical records and other reports pertaining to the injury suffered by your baby. They will also employ medical experts to examine the evidence and give an opinion regarding whether the medical experts involved in your baby's delivery did not meet the standards of care. In a typical case an expert will compare medical care provided by defendant to practices commonly accepted by medical professionals who have the same experience and education.

Damages may be awarded for economic and non-economic losses. Economic damages can cover expenses such as current and future medical bills, lost income, and property losses. Non-economic damages include emotional distress as well as suffering and pain. In rare instances, punitive damages may also be awarded. They are intended to punish the party at fault and deter similar behavior in the future. These are different from compensatory damages, which are awarded to cover actual losses.

Medical Experts

Although medical advances have made childbirth more secure than ever, the procedure still involves some risk for both baby and mother. It is the responsibility of nurses and doctors involved in a birth to act professionally and avoid mistakes that could result in devastating consequences for the health of both parties. Parents may be able to sue for damages if the doctors and nurses are not professional during the delivery.

A birth injury attorneys injury attorney will be in close contact with you for the duration of your case, beginning from beginning with the initial consultation until final resolution. They will gather evidence from you, such as witness testimonies and medical records, and also obtain expert opinions from numerous sources including other doctors and specialists.

The experts will analyze the evidence and provide a formal opinion as to whether the injuries were the result of medical negligence. The lawyer will then use this to decide how best to proceed.

If a medical professional is of the opinion that there was a malpractice the lawyer will file a lawsuit against those responsible parties. This usually includes the obstetrician responsible for your pregnancy and delivery, any nurses or surgeons who assisted during the delivery as well as the hospital in which the birth took place.

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

Prepare for Trial

In general, a birth injury lawsuits injuries lawyer will take on every case where the infant was injured caused by negligence of a doctor prior or shortly after birth. When reviewing the case, the lawyer will be looking at two things: whether or not there are any indications of medical negligence, as well as the severity of the injury.

Attorneys often consult with medical experts to determine whether the injury was the result of medical malpractice. Experts will examine all documents related to pregnancy, childbirth, and medical treatment for injuries. They will also be in a position to assess the effect of the injuries suffered by the child on his or her future.

The experts will aid the lawyer in determining the medical providers to 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 respond to the claim. A good birth injury attorney will know how to negotiate with insurance companies and will be ready to take the case to trial should it be necessary.

Parents could be entitled to damages for past and future medical expenses that result from the injuries suffered by their child. They may also be able to claim damages for their pain and suffering. These damages can mount up when the child's injuries are serious. A good birth injury attorney will be able to maximize the amount of money that is awarded to parents.

Insurance Companies

A birth injury lawsuit isn't able to reverse the harm done to your child, but it can help pay for future medical expenses, therapy, home modifications, and ongoing support. These costs may seem daunting, but a skilled birth injury lawyer will work with a variety of experts to determine the financial effects on your family from the injury you sustained and how much compensation you are entitled to.

To submit a claim for birth injury it is necessary to prove that your doctor and your child shared an professional relationship, and that they violated this relationship by not acting appropriately prior to or during the birth of your child. This may be easy to prove by obtaining your medical documents and hospital bills.

Once this is established after this is established, the lawyer must identify the specific actions taken by the doctor that were negligent and the impact they had on the health of your child. A birth injury attorney will know what to look for and where to get the medical documentation and expert witness testimony to support your case.

A good birth injury attorney will take care of all the complexities of your case and will never require you to pay out of your pocket to seek justice. They should work on a contingency fee basis which means they only get paid if they win your case. The amount they get is a percentage of the settlement or award you receive.