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 advances in medical technology making it more secure than ever. If you suspect that your child has suffered an injury during birth that could have been avoided, contact a birth injury lawyer immediately.

A firm that focuses on birth injuries will typically pay for all litigation costs and only be compensated when they are successful in winning compensation in your case.

Damages

While advances in medicine have made childbirth much safer than it was previously but many mothers and their babies are still susceptible to injuries resulting from a variety reasons. Head trauma 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 pay for lifelong treatment and support.

Your lawyer will ask for all relevant medical records and reports relating to your baby's injuries. They will also hire medical experts to review the evidence and give an official opinion as to 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 provided by the defendant to the practices that are commonly used by other medical professionals who have similar experience and training.

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 can include emotional distress, pain and suffering. In some cases, punitive damages can also be awarded. They are intended to punish the party at fault and discourage similar behavior in the future. These are different from compensatory damages that are awarded to recover actual losses.

Medical Experts

While medical advances have made childbirth more secure than ever, the procedure remains a risky one for both mother and child. It is up to the doctors and nurses who are involved in the delivery to behave professionally and avoid making mistakes which could have catastrophic consequences for the health of both parties. When they fail to do so and cause a birth injury parents may claim compensation for their injuries.

From the initial consultation up to the final resolution A birth injury lawyer will work closely with your case. They will gather evidence from you, like witness testimony and medical records. They will also seek expert opinions from other sources, including doctors and specialists.

These experts will review all the evidence and provide an official opinion on whether the injuries were caused because of medical negligence. The lawyer will use this to decide on the best way to proceed.

If a medical professional agrees with you that malpractice occurred your lawyer will file suit against the responsible parties. This typically includes the obstetrician who was in charge of the delivery and pregnancy 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 could be expensive due to the charges for expert witnesses, records and depositions. Your lawyer will pay for these expenses, and reimburse you once they have settled your case.

Preparing for a trial

In general, a birth injuries lawyer is a person who handles any case where the baby suffered injuries due to negligence of a doctor prior to or shortly after birth. When reviewing the case, the lawyer will be looking at two things: whether there is evidence of medical negligence as well as the severity of the injury.

Attorneys will often consult with medical experts to determine if the injury was caused by medical negligence. Experts will examine all records pertaining to the birth, pregnancy, and medical treatment for injuries. They will also be able to analyze the effects of injuries on the child as well as his or her future.

The experts will aid the lawyer in determining the medical providers who will be named as defendants in the lawsuit. The lawyer will then send an email to the medical providers and insurers to respond to the claim. A reputable birth injury lawyer will be able to negotiate with insurance companies and be ready to go to trial if necessary.

Parents could be entitled to damages for future and past medical expenses that result from the injuries sustained by their child. You could also be entitled to compensation for pain and suffering. These damages can be significant when the child's injuries are severe. A skilled birth injury lawyer can maximize the amount of compensation that is given to parents.

Insurance Companies

A birth injury lawsuit won't undo the damage done to your child, but it can help pay for future medical expenses therapies, home modifications and ongoing support. The costs could seem overwhelming at first, but a competent birth Injury Lawyers injury attorney will collaborate with several experts to estimate the financial impact of a particular injury to your family and how much you are entitled to be compensated for these expenses.

In order to submit a claim for birth injury it is necessary to prove that your doctor and your child have an established professional relationship and he or she breached this relationship by failing to act properly prior to or during the birth of your child. This can be easy to prove by obtaining your medical records and hospital bills.

Once this is established the lawyer needs to determine what specific actions the doctor performed that were negligent and how they affected the health of your child. A birth injury lawyer will know what to look for and where to get the medical evidence and expert witness testimony needed to support your case.

A reputable birth injury lawyer will manage the many complexities of your case and never ask you to pay for justice. They should be able to work on a contingency basis which means they only get paid if they win your case and birth injury lawyers the amount they earn is a percentage of the settlement or award you receive.