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

Although medical advances make childbirth safer than ever but complications can still occur following the birth of an infant. If you believe your child suffered a birth injury 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 get paid when they win the case.

Damages

While advances in medicine have made childbirth much safer than it was previously, many mothers and babies are still susceptible to injuries resulting from a variety reasons. Oxygen deprivation and head trauma are among the most frequent. These injuries can cause devastating disabilities like cerebral palsy. A good birth injury attorney will assist families to receive the compensation they require to cover lifelong medical treatment and care.

Your attorney will ask for all medical records and reports related to the injuries sustained by your baby. They may also engage medical experts who will analyze the evidence and give an official opinion as to whether the medical professionals who delivered your baby violated the standard care. In a typical case an expert will assess the medical care offered by the defendant with practices generally accepted by medical experts with similar experience and qualifications.

Damages can be awarded for both economic and non-economic losses. Economic damages cover expenses including future and present medical bills, lost income and property loss. Non-economic damages could include emotional distress as well as pain and suffering. In rare cases punitive damages are also awarded. These are intended to punish the party at fault and discourage similar conduct in the future. They differ from compensatory damages that are awarded to cover actual loss.

Medical Experts

Although 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 be professional and avoid mistakes that could result in devastating consequences for the health of both parties. Parents can seek damages if nurses and doctors do not behave professionally during the delivery.

An attorney for birth injuries will be in close contact with you throughout the duration of your case, from the initial consultation to the final resolution. They will collect evidence from you, such as witness statements and medical records as well as seek expert opinions from many sources, including other specialists and doctors.

The experts will examine the evidence and offer an official opinion on whether the injuries were caused by medical negligence. The lawyer will then use this information to determine the best way to proceed.

If a medical professional agrees with you that malpractice was committed Your lawyer will file a suit against the accountable parties. This includes the obstetrician who was in charge of your pregnancy as well as any nurses, surgeons or hospital personnel who assisted during the delivery.

The cost of litigation can be quite high as a result of the many fees such as the cost of documents, expert witnesses, and depositions. Your lawyer will cover these expenses and then reimburse you after they have settled your case.

Preparing for the Trial

A birth injury lawyer will work on any case in which the baby suffered injuries as a result of doctor negligence, prior to or during or shortly after delivery. When examining the case, the lawyer will be looking at two things: whether there are any evidences of medical negligence as well as the severity of the injury.

Often, lawyers will consult with medical experts to determine whether medical malpractice caused the injury. These experts will review all documentation related to pregnancy, childbirth and medical treatment for injuries. They will also be able assess the impact of the injuries on the child as well as their future.

The experts will assist the lawyer identify the medical providers that should be included in the lawsuit. The lawyer will send a letter to the medical providers and their insurance companies and ask them to respond to the claim. A good birth injury attorney will be able to negotiate with the insurance companies and be ready to go to trial if needed.

Parents may be entitled to damages for future and past medical expenses resulting from the injuries sustained by their child. They could also be awarded damages for suffering and pain. These damages can add up particularly if the child's injuries are serious. A reputable birth injury lawyer will increase the amount of money awarded to parents.

Insurance Companies

A birth injury lawsuit can't reverse the harm done to your child, but it could cover future medical costs, therapy, home modifications and ongoing support. These costs might seem overwhelming at first, but a good birth injury lawyer will work with multiple experts to determine the financial impact of any injury on your family and how much you are legally entitled to receive compensation for these expenses.

The first step in a birth injury claim is to prove that the doctor who was involved in your case had an professional relationship with your child and you, and that they violated this relationship by acting negligently before or during the birth of your child. It is easy to prove this by obtaining your medical bills and birth injury attorney hospital bills.

Once this has been established the lawyer will have to determine the specific actions that the doctor took that were negligent and how they impacted the health of your child. A birth injury attorney will know what to look for and where to get the medical records and expert witness testimony needed to demonstrate your case.

A good birth injury lawyer can handle the entire complexity of your case. They should never require you to come out of pocket to pursue justice. They should work on a contingent fee basis which means that they receive payment if they win your case. The amount they earn is a portion of the settlement or award you receive.