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

Although medical advances make childbirth more secure than ever before however, complications can still happen during and after the birth of an infant. If you suspect your child suffered a preventable birth injury, you should contact an experienced birth injury lawyer immediately.

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

Damages

While advances in medicine have made childbirth safer than ever before but many mothers and their infants are still at a high risk of injury due to a number of reasons. This includes oxygen deprivation, head trauma, and infections. These injuries can cause devastating disabilities, such as cerebral palsy. A skilled birth injury lawyer can assist families in obtaining compensation for the lifelong medical and treatment they require.

Your attorney will request all relevant medical records and reports relating to your baby's injuries. They will also employ medical experts to analyze the evidence and give an official opinion as to whether the medical personnel involved in your baby's birth violated the standard of medical care. In a typical case, an expert will compare the medical care provided by the defendant with the practices generally accepted by other medical professionals with similar training and experience.

Damages are awarded for economic and non-economic losses. Economic damages can cover expenses like current and future medical bills, lost income and property loss. Non-economic damages include emotional distress and suffering and pain. In rare instances, punitive damages may also be awarded. These are designed to punish the at-fault party and deter similar behavior in the future. They differ from compensatory damages, which are awarded to recover actual losses.

Medical Experts

Although medical advances have made childbirth safer than ever, the procedure remains a risky one for both the mother and the baby. It is the responsibility of the nurses and doctors who are involved in the birth to be professional and to avoid mistakes that could cause devastating harm for both mother and baby's health. If they fail to do so and cause birth injuries, parents can claim compensation for the damage.

A birth injury lawyer will work closely with you for the duration of your case, from the initial consultation until the final resolution. They will collect evidence from you like medical records and witness testimonies and also get expert opinions from various sources, including other specialists and doctors.

The experts will examine the evidence and provide a formal opinion as to whether the injuries were caused by medical negligence. This will be utilized by the lawyer to decide the best way to proceed.

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

The cost of a lawsuit are expensive due to the charges for expert witnesses, records and depositions. Your lawyer will advance these costs and reimburse you once they have won a settlement on your behalf.

Preparing for Trial

A birth injury lawyer will take any case in which the baby suffered injuries due to doctor negligence, before, during, or shortly after birth. The lawyer will consider two factors when analyzing the case in determining whether there is evidence of medical negligence, and how severe the injury is.

Often, the attorneys will consult with medical experts to determine if medical negligence led to the injury. They will look over all documentation related to pregnancy, childbirth and medical treatment for injuries. They will also be able to evaluate the impact of the injuries suffered by the child on his or her future.

The experts will help the lawyer determine which medical professionals should be named in the lawsuit. The lawyer will send an inquiry letter to medical providers and insurers to respond to the complaint. A reputable attorney for birth injuries will be able to negotiate with the insurance companies and be prepared to bring the case to trial if necessary.

Parents may be entitled to damages for past and future medical expenses resulting from the injuries sustained by their child. You could also be entitled to compensation for pain and birth injury lawsuit suffering. These damages can mount up when the child's injuries are serious. A good birth injury lawyer will maximize the compensation awarded to parents.

Insurance Companies

A birth injury lawsuit isn't able to repair the harm caused to your child, but it can help pay for future medical expenses therapies, home modifications and ongoing support. These costs can seem daunting, but a skilled birth injury lawyer will collaborate with a number of experts to determine the financial effects on your family from an injury, and the amount of compensation you are entitled to.

The first step in a birth injury lawsuit is to prove that the doctor in your case had a professional relationship with you and your child and that they violated that relationship by acting negligently prior to or during the child's birth. You can easily prove this by obtaining your medical bills and hospital bills.

Once this is established, the lawyer will have to determine what specific actions the doctor made that were negligent and how they affected your child's health. A birth injury lawyer will know where to get the medical documentation or expert witness testimony, as well as other evidence to support your claim.

A good birth injury lawyer will take care of the details of your case and will never demand you to pay for justice. They must be able and willing to work on an hourly basis. This means that they'll only get paid when they win your case, birth injury lawsuit and their fee is a percentage of the settlement or award.