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

While advances in medicine make childbirth more secure than ever before, complications can still arise during and after the birth of an infant. If you suspect your child suffered from a preventable birth injury, consult an experienced birth injury lawyer right away.

A firm that focuses on birth injury cases will typically cover all litigation costs, and only be compensated if they win an award in your case.

Damages

Although medical advances have made childbirth a lot safer than it used to be yet many mothers and babies are still at risk of injuries due to a variety reasons. The lack of oxygen and head trauma are among the most frequent. These injuries can result in permanent and devastation to the body, including cerebral palsy. An experienced birth injury lawyer can assist families in obtaining the compensation they need to cover the cost of lifelong treatment and support.

Your lawyer will seek all relevant medical records and reports relating to the baby's injury. He or she will also engage medical experts to review the evidence and provide an official opinion as to whether the medical professionals involved in your baby's delivery violated the standard of medical care. In a typical case an expert will examine the medical care provided by the defendant to methods typically accepted by medical experts with similar training and experience.

Non-economic and economic damages can be awarded. Economic damages cover costs like current and future medical bills, lost income and property loss. Non-economic damages include emotional distress, suffering and pain. In rare cases, punitive damages may also be awarded. These are meant to penalize the person responsible and discourage similar behavior in future. They differ from compensatory damages, which are awarded to compensate for actual losses.

Medical Experts

While advances in medicine have made childbirth more safe than ever before, there are still certain risks for both mother and baby. It is the responsibility of doctors and nurses involved in the birth process to be professional and avoid making mistakes that could have devastating consequences for the health of both parties. When they fail to do so and cause a birth injury parents may be able to claim compensation for the damage.

A birth injury lawyer will be in close contact with you throughout the duration of your case, from the initial consultation through to the final resolution. They will gather evidence from you, such as witness testimony and medical records. They will also get expert opinions from other sources such as doctors and specialists.

The experts will examine the evidence and offer a formal opinion as to whether the injuries resulted from negligence on the part of a medical professional. This will be utilized by the lawyer to decide on how to proceed.

If the medical expert is of the opinion that malpractice was committed and your lawyer files an action against the accountable parties. This includes the obstetrician in charge of your pregnancy as well as any nurses, surgeons or hospital staff who assisted during the delivery.

Legal proceedings can be costly because of the numerous fees, including those for records, expert witnesses and depositions. Your lawyer will pay for these expenses, and will reimburse you after they have settled your case.

Prepare for Trial

A birth injury lawyer will work on any case in which the baby was injured due to a doctor's negligence, whether before or during or shortly after the birth. The attorney will look at two factors when analyzing the case to determine if there is evidence of medical negligence and how serious the injury.

Attorneys often consult with medical experts to determine if the injury was the result of medical malpractice. These experts will review all records related to the birth, pregnancy, and medical treatment for injuries. They will also be able to examine the effects of the injuries on the child as well as his or her future life.

The experts will help the lawyer decide which medical providers should be named in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurance companies and ask them to respond to the lawsuit. A reputable birth injury lawyer will know how to negotiate with insurance companies and will be prepared to make the case go to trial if necessary.

Parents may be entitled to damages for medical expenses resulting from the injuries sustained by their child. They could also receive damages for their pain and suffering. These damages can be significant in the event that a child's injuries were serious. An experienced birth injury lawyer can help maximize the amount of money awarded to the parents.

Insurance Companies

A lawsuit for birth injuries can't undo the damage done to your child but it can cover future medical costs therapies, home modifications, and ongoing support. These costs may seem overwhelming, but a seasoned birth injury lawyer will collaborate with a variety of experts to determine the financial impact on your family of a specific injury and the amount of compensation you are entitled to.

In order to submit a claim for birth injury it is necessary to prove that your doctor and your child have an established professional relationship and they breached that relationship by failing to act properly prior to or during your child's birth. You can easily prove this by obtaining your hospital bills and medical records.

Once this is established the lawyer needs to identify what specific actions the doctor performed that were negligent and how they affected the health of your child. A birth injury lawyer will know what to look for and where to obtain the medical documentation and expert witness testimony to prove your case.

A reputable birth injury lawyer will take care of the many complexities of your case and should not require you to pay out of your pocket to seek justice. They should work on a contingency fee basis which means that they receive payment if they win your case. The amount they get is a percentage of the settlement or award you receive.