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

Complications are still possible in the course of a child's birth despite advances in medical technology making it more secure than ever. If you suspect your child suffered an unavoidable birth injury, you should contact an experienced birth injury attorney immediately.

A firm that specializes on birth injury cases is likely to advance all litigation expenses and only be compensated when they receive compensation in your case.

Damages

While medical advances have made childbirth safer than it was previously however, many mothers and infants are still at risk for injuries due to a variety reasons. This includes oxygen deprivation, head trauma and infections. These injuries can cause devastating disabilities, such as cerebral palsy. A good birth injury lawyer will help families obtain compensation for the lifetime medical and treatment they require.

Your attorney will ask for all relevant medical records and reports relating to your baby's injuries. They will also hire medical experts to analyze the evidence and provide an opinion regarding whether the medical personnel involved in your baby's birth violated the standard of care. In a typical case, an expert will evaluate the medical treatment provided by the defendant to methods typically accepted by medical professionals who have the same experience and education.

Economic and non-economic damages can be awarded. Economic damages can cover expenses like future and current medical bills, lost income and property loss. Non-economic damages include emotional distress, suffering and pain. In rare instances the punitive damages might be awarded. These are meant to penalize the responsible party and discourage similar conduct in the future. They are separate from compensatory damages that are awarded to cover actual losses.

Medical Experts

While advances in medicine have made childbirth more safe than ever before, there remain certain risks for both mother and baby. It is up to the doctors and nurses involved in a delivery to behave in a professional manner 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 can claim compensation for the damage.

An attorney for birth injuries will be in close contact with you throughout the entire duration of your case, starting from the initial consultation through to the final resolution. They will gather evidence from you, including witness testimony and medical records. They will also solicit expert opinions from other sources such as doctors and specialists.

The experts will examine the evidence and provide 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 how to proceed.

If the medical professional is of the opinion that malpractice was committed the lawyer will bring suit against the parties responsible. This usually includes the obstetrician who was responsible for the delivery and pregnancy and any nurses or surgeons who helped during the delivery and the hospital where the birth took.

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

Prepare for Trial

In general, a birth injuries lawyer will take on every case where the infant suffered injuries because of negligence by a doctor before, during or shortly after birth. When reviewing the case, the lawyer will be looking at two aspects: whether there is evidence of medical negligence, as well as the severity of the injury.

In most cases, attorneys consult with medical experts to determine if a medical error caused the injury. They will look over all documents related to pregnancy, childbirth and medical treatment for injuries. They will also be able to evaluate the effects of the injuries on the child as well as the future of the child.

The experts will assist the lawyer identify which medical professionals should be named in the lawsuit. The lawyer will then send a letter to the medical providers and their insurers asking them to reply to the lawsuit. A reputable birth injury lawyer should know how to negotiate with insurance companies, and be prepared to go to trial should it be necessary.

Parents may be entitled for damages for past and future medical expenses related to the injuries sustained by their child. You may also receive damages for pain and suffering. These damages can add up in the event that the child's injuries are severe. A good birth injury lawyer will maximize the amount of compensation given to parents.

Insurance Companies

A birth injury lawsuit can't repair the harm caused to your child, but it can help pay for future medical costs therapy, home modifications, and ongoing support. These costs might seem overwhelming at first, but a good birth injury lawyers injury attorney will work with a variety of experts to estimate the financial impact of any injury to your family and what amount you are entitled to compensation for these expenses.

The first step in a birth injury lawyers injury claim is to establish that the doctor who was involved in your case had an professional relationship with you and your child and that they breached the relationship by acting negligently either prior to or after your child's delivery. This is easy to prove through the collection of your medical documents and hospital bills.

Once this is established, the lawyer will need identify the specific actions taken by the doctor who was negligent and the effect they had on the health of your child. A birth injury lawyer will know what to look for and where you can get the medical records and expert witness testimony needed to prove your case.

A reputable birth injury lawyer will handle the complexities of your claim and will never ask you to pay for justice. They should be able to work on a contingency basis, meaning that they only receive payment if they win your case. The amount they receive is a percentage of the settlement or award you receive.