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

There are still complications that can occur during and after a child's birth, despite medical advances that make it safer than ever. If you believe your child suffered an unavoidable birth injury, speak to an experienced birth injury attorney immediately.

A firm that is specialized in birth injury cases generally advances all lawsuit expenses and only receive payment if they win the 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 from a variety of reasons. These include oxygen deprivation, head trauma and infections. These injuries can lead to devastating disabilities like cerebral palsy. A good birth injury attorney can assist families in obtaining the compensation they need to cover the cost of lifelong treatment and care.

Your attorney will ask for all medical records and reports that relate to the injuries suffered by your baby. They will also hire medical experts to review the evidence and provide a formal opinion about whether the medical professionals involved in the delivery of your baby did not meet the standards of care. In a typical case an expert will compare medical care offered by the defendant with practices commonly accepted by medical professionals with similar training and experience.

Damages are awarded for economic and non-economic losses. Economic damages include medical expenses as well as lost income and property damage. Non-economic damages include emotional distress, suffering. In rare instances the punitive damages might be awarded. They are intended to penalize the at-fault party and deter similar behavior in the future. These are different from compensatory damages that are awarded to recover the actual loss.

Medical Experts

While advances in medicine have made childbirth safer than ever before, there are certain risks for both mother and baby. It is up to the doctors and nurses involved in a birth to behave in a professional manner and avoid mistakes that could have devastating consequences for the health of both parties. When they fail to do this and cause a birth injury parents can claim compensation for their injuries.

A birth injury attorney will work closely with you throughout the duration of your case from the initial consultation through to the final resolution. They will gather evidence from you, like witness testimony and medical records. They will also obtain expert opinions from other sources including 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 what to do next.

If a medical professional is of the opinion that malpractice was committed, your lawyer will file an action against the accountable parties. This includes the obstetrician in charge of your pregnancy, any surgeons, nurses, or hospital personnel who assisted during the delivery.

The cost of litigation can be quite high as a result of the many fees like the cost of records, expert witnesses, and depositions. Your lawyer will advance these expenses and pay you back once they have negotiated a settlement on your behalf.

Prepare for trial

Generally, a birth injury lawyer is a person who handles any case where the infant suffered injuries due to doctor negligence before or shortly after the birth. The lawyer will examine two factors when analyzing the case: whether there evidence of medical negligence, and how serious the injury.

Often, lawyers will consult with medical experts to determine if medical malpractice caused the injury. These experts will carefully review records from the pregnancy, the child's birth and the medical treatment for the injuries that occurred afterward. They will also be able to evaluate the impact of the injuries sustained by the child on their future.

The experts will help the lawyer decide 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 respond to the claim. A good birth injury attorney will be able to negotiate with insurance companies and be ready to take the case to trial should it be necessary.

Parents may be entitled to damages for past and future medical expenses that result from the injuries of their child. You may also receive damages for your pain and suffering. These damages can add up in the event that the child's injuries are serious. A good birth injury lawsuits injury (Read the Full Content) attorney can maximize the amount of money that is awarded to parents.

Insurance Companies

While a birth injury lawsuit will not reverse the damage that occurred to your child, it could cover future medical expenses for therapy, the cost as well as home modifications and ongoing support. These costs may seem overwhelming at first but a competent birth injury lawyer will collaborate with several experts to assess the financial impact of a specific injury to your family and how much you are entitled to compensation for these expenses.

The first step in a birth injury claim is to prove that the doctor involved in your case had an official relationship with you and your child and that they violated that relationship by acting negligently either prior to or after the birth of your child. It is easy to prove this by obtaining your medical records and hospital bills.

Once this is established, the lawyer will need determine the specific actions taken by the doctor who was 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 needed to establish your case.

A good birth injury attorney will take care of the many complexities of your case and should never require you to pay out of pocket to pursue justice. They should work on a basis of contingency fees which means that they receive payment if they win your case and the amount they get is a percentage of the settlement or award you receive.