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

Complications are still possible during and after a child's birth despite advances in medical technology making it more secure than ever. If you suspect that your child suffered an injury during birth that could have been prevented by contacting a birth injury lawyer right away.

A firm that is specialized in birth injury cases will typically advance all lawsuit expenses and only receive payment if they receive compensation for your case.

Damages

While advances in medicine have made childbirth more secure than it was before but many mothers and their babies are still at risk of risk of injury due to number of reasons. Trauma to the head and oxygen deprivation are among the most frequent. These injuries can lead to lasting and severe disabilities such as cerebral palsy. A good birth injury attorney can help families get the compensation they need to cover the cost of lifelong treatment and support.

Your lawyer will request all medical records and reports relevant to the injuries suffered by your baby. The attorney will also engage medical experts to analyze the evidence and give a formal opinion about whether the medical professionals involved in your baby's birth did not meet the standards of care. In a typical case, an expert will examine the medical care offered by the defendant with practices typically accepted by medical experts who have the same experience and education.

Economic and non-economic damages are able to be awarded. Economic damages can include medical expenses, lost income and property damage. Non-economic damages include emotional distress as well as pain and suffering. In rare circumstances, punitive damages are also awarded. These are meant to penalize the person responsible and discourage similar behaviour in the future. They are different from compensatory damages which are given to compensate for actual losses.

Medical Experts

Although advances in medicine have made childbirth more safe than ever before, there remain some risks for both mother and baby. It is the responsibility of the nurses and doctors involved in the delivery to behave professionally and to avoid making mistakes that could cause devastating harm for both the baby and mother's health. When they fail to follow through and cause birth injuries parents can claim compensation for the damage.

A birth injury lawyer will be in close contact with you throughout the entire duration of your case from the initial consultation until the final resolution. They will collect evidence from you, including medical records and witness testimonies as well as seek expert opinions from a variety of sources including other doctors and specialists.

These experts will examine all evidence and provide a formal opinion on whether the injuries are due to medical negligence. This will be utilized by the lawyer to determine what to do next.

If the medical professional confirms that a mistake occurred your lawyer will file suit against the parties at fault. This usually includes the obstetrician who was responsible for your pregnancy and firms delivery, any nurses or surgeons who assisted during the birth and the hospital where the birth occurred.

The costs of a lawsuit can be high due to the cost for firms expert witnesses, evidence, and depositions. Your lawyer will advance these costs and reimburse you once they have won an agreement on your behalf.

Preparing for a trial

A birth injury lawyer will take on any case in which the baby suffered injuries due to doctor negligence, either prior to, during, or shortly following delivery. When reviewing the case the lawyer will take into consideration two aspects: whether there is evidence of medical negligence as well as the extent of the injury.

Attorneys frequently consult with medical experts to determine whether the injury was caused by medical malpractice. These experts will carefully review documents from the pregnancy, the child's miami lakes birth injury lawsuit and the medical treatment given to the injuries afterward. 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 in identifying which medical providers are to be named as defendants in the lawsuit. The lawyer will send a letter to the medical providers and their insurance companies asking them to respond to the claim. A reputable birth injury lawyer should know how to negotiate with insurance companies, and be ready to go to trial if needed.

Parents may be entitled to compensation for medical expenses that result from their child's injuries. You may also be entitled to damages for pain and suffering. These damages can be significant, especially if the child's injuries are severe. An experienced attorney for birth injuries can maximize the compensation awarded to the parents.

Insurance Companies

While a birth injury lawsuit cannot undo what happened to your child, it could help pay for future medical expenses and the cost of therapy as well as home modifications and ongoing support. These expenses may seem daunting, but a skilled birth injury lawyer will work with several experts to determine the financial impact on your family's finances from the injury you sustained and the amount of compensation you are entitled to.

To claim a birth injuries you must first establish that your doctor and your child had a professional relationship and that they breached that relationship by committing a negligent act prior to or during the birth of your child. You can easily prove this by obtaining your medical bills and hospital bills.

After this is established the lawyer needs to determine what specific actions the doctor took that were negligent and how these impacted the health of your child. An attorney for birth injuries will know what to look for and how to obtain the medical documentation and expert witness testimony to establish your case.

A good birth injury lawyer can handle the entire complexity of your case and will not require you to pay out of pocket to pursue justice. They must be able and willing to work on a contingent fee basis. This means that they will only get paid when they win your case and their fee is a percentage from the settlement or award.