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

Complications can still occur during and after a child's birth despite advances in medical technology that make it safer than ever. If you suspect that your child suffered from a preventable birth injury, speak to an experienced birth injury lawyer right away.

A firm that is specialized in birth injury cases generally advances all legal costs and only get paid when they win the case.

Damages

While medical advances have made birthing safer than ever before but many mothers and their babies are still at risk of risk of injury due to a number of reasons. These include oxygen deprivation, head trauma and infections. These injuries can cause devastating disabilities like 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 request all medical records and reports that relate to the injury suffered by your baby. The attorney can also hire medical experts to review the evidence and provide an official opinion on whether the medical personnel who delivered your baby did not follow the standards of care. In a typical instance, an expert will assess the medical care provided by the defendant to the standard practices used by other medical professionals with similar education and experience.

Damages are awarded for economic and non-economic losses. Economic damages are for expenses including future and present medical bills, lost income, and property losses. Non-economic damages can include emotional distress and suffering. In rare instances, punitive damages can also be awarded. They are intended to penalize the party responsible and discourage similar behavior in the future. They are different from compensation damages that are awarded to recover actual losses.

Medical Experts

While advances in medicine have made childbirth safer than ever before, there are some risks for both mother and baby. It is up to the nurses and doctors involved in a birth to be professional and avoid making mistakes which could have catastrophic consequences for the health of both parties. Parents may be able to sue for damages if the doctors and nurses fail to act professionally during a delivery.

A birth injury lawyer will work closely with you throughout the entire duration of your case, beginning from the initial consultation through to the final resolution. They will gather evidence from you such as medical records and witness testimonies and also get expert opinions from a variety of sources including other specialists and doctors.

These experts will examine all evidence and provide a formal opinion on whether the injuries were due to medical negligence. The lawyer will use this to decide how best to proceed.

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

Lawsuits can be expensive because of the numerous fees, including the cost of records, expert witnesses and depositions. Your lawyer will pay for these expenses, and will reimburse you once they have settled your case.

Prepare for the trial

A birth injury lawyer will take on any case in which the baby suffered injuries due to a doctor's negligence, whether before, during, or shortly after birth. In analyzing the case the lawyer will be looking at two things: whether there are any evidences of medical negligence and the severity of the injury.

Attorneys often consult with medical experts to determine if the injury was caused by medical negligence. Experts will carefully review the records of the pregnancy, the child's birth injury lawsuits and the medical treatment that was received for the injuries afterward. They will also be able to analyze the effects of injuries on the child and his or her future.

The experts will assist the lawyer in identifying the medical providers to be named as defendants in the lawsuit. The lawyer will then send an email to the medical providers and insurers to respond to the claim. A reputable birth injury lawyer will know how to negotiate with insurance companies and be prepared to bring the case to trial if needed.

Parents may be entitled for damages for future and past medical expenses that result from the injuries of their child. They could also receive damages for pain and suffering. These damages can mount up, especially if the child's injuries are severe. An experienced birth injury lawyer can maximize the amount of compensation paid to the parents.

Insurance Companies

A birth injury lawsuit isn't able to erase the harm done to your child, but it can cover future medical expenses such as therapy, home improvements and ongoing support. These costs can seem overwhelming, but an experienced birth injury lawyer will work with a variety of experts to determine the financial impact on your family due to a specific injury and how much compensation you are entitled to.

The first step in a birth injury claim is to establish that the doctor in your case had a professional relationship with you and your child and that they breached the trust by committing a breach during or before the child's birth. You can easily prove this by obtaining your medical records and hospital bills.

After this is established the lawyer needs to determine the specific actions that the doctor performed that were negligent and how these affected the health of your child. A birth injury lawyers injury lawyer will know what to look for and where you can get the medical evidence and expert witness testimony needed to establish your case.

A reputable birth injury lawyer will take care of all the complexities of your case and should never require you to pay out of your pocket to seek justice. They should be able to work on a basis of contingency fees, meaning that they only receive compensation if they prevail in your case. The amount they earn is a percentage of the settlement or award you receive.