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

Complications are still possible in the course of the birth of a child despite advancements in medical technology making it safer than ever. If you suspect that your child has suffered injuries to the birth that could have been avoided by contacting a birth injury lawyer right away.

A firm that is specialized in cases involving birth injuries generally will advance all legal costs and only be paid if they are awarded the case.

Damages

While medical advances made birthing safer than ever before however, mothers and their babies are still at high risk of injury for a variety of reasons. This includes oxygen deprivation, head trauma, and infections. These injuries can cause catastrophic disabilities such as cerebral palsy. A skilled lawyer for birth injuries can assist families to receive compensation for the lifelong medical treatment and care they require.

Your lawyer will request all medical records and reports related to the injuries sustained by your baby. The attorney may also employ 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 of care. In a typical situation, an expert will compare the medical care provided by the defendant to the practices that are commonly used by other medical professionals who have similar training and experience.

Economic and non-economic damages may be awarded. Economic damages may include medical expenses as well as lost income and property damage. Non-economic damages may include emotional distress, pain and suffering. In some cases, punitive damages can also be awarded. These are intended to punish the party at fault and discourage similar conduct in the future. These are different from compensatory damages that are awarded to compensate for birth injury lawyer actual losses.

Medical Experts

While medical advances have made childbirth more secure than ever before, the process still involves some risk for mother and baby. It is the responsibility of nurses and doctors who are involved in the birth to be professional and to avoid mistakes that can have devastating consequences for both baby and mother's health. When they fail to act accordingly and cause a birth injury parents can seek compensation for their damages.

From the initial consultation up to the final resolution, a birth injury lawyer will closely assist you with your case. They will collect evidence from you like witness testimonies and medical records, and also obtain expert opinions from numerous sources including other specialists and doctors.

The experts will go over all evidence and provide a formal opinion on whether the injuries occurred due to medical negligence. The lawyer will then use this to determine how to proceed.

If the medical expert believes that a malpractice was committed the lawyer will file a lawsuit against the accountable parties. This includes the obstetrician who was in charge of your pregnancy, as well as any surgeons, nurses or hospital personnel who were involved in the delivery.

The cost of a lawsuit are high due to the costs for expert witnesses, birth injury lawyer documents, and depositions. Your lawyer will advance these expenses and reimburse you once they have negotiated an agreement on your behalf.

Prepare for Trial

Generally, a birth injury lawyer takes any case where the infant suffered injuries caused by negligence of a doctor prior, during or shortly after the birth. The lawyer will take into consideration two aspects when evaluating the case to determine if there is evidence of medical negligence and how severe the injury.

Attorneys will often consult with medical experts to determine whether the injury was the result of medical malpractice. The experts will go through all records pertaining to the pregnancy, childbirth and medical treatment for injuries. They will also be able to assess the effects of the injuries sustained by the child on their future.

The experts will assist the lawyer in identifying which medical professionals are to be named as defendants in the lawsuit. The lawyer will then send an inquiry letter to medical providers and insurers to respond to the complaint. A reputable attorney for birth injuries will know how to negotiate with insurance companies and will be ready to make the case go to trial should it be necessary.

Parents could be entitled to damages for future and past medical expenses that result from the injuries sustained by their child. They could also receive damages for their pain and suffering. These damages could be substantial when the child's injuries were serious. An experienced attorney for birth injuries can maximize the compensation given to parents.

Insurance Companies

While a birth injury lawsuit cannot undo what happened to your child, it can pay for future medical expenses for therapy, the cost, home modifications, and ongoing support. These expenses may seem overwhelming, but a seasoned birth injury lawyer will collaborate with several experts to determine the financial effects on your family from an injury that you suffered and how much compensation you are entitled to.

To make a claim for birth injuries, you must first prove that your doctor and your child had an professional relationship, and that the doctor violated this relationship by failing to act properly prior to or during the time of your child's birth. This may be easy to prove by obtaining your medical records and hospital bills.

After this is established the lawyer will need to identify the specific actions the doctor took that were negligent and how these impacted your child's health. A birth injury lawyer will know what to look for and where to get the medical documentation and expert witness testimony to prove your case.

A reputable 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 to work on an ad-hoc 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.