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 that make it safer than ever. If you suspect your child suffered an unavoidable birth injury, contact an experienced birth injury attorney right away.

A firm that is specialized in birth injury cases generally will advance all lawsuit expenses and only get paid when they are awarded the case.

Damages

While medical advances made birthing safer than ever before however, mothers and their babies are still at risk of risk of injury due to a variety reasons. These include oxygen deprivation head trauma, and infections. These injuries can cause devastating disabilities such as cerebral palsy. A good birth injury attorney will assist families to receive the compensation they require to pay for lifelong treatment and support.

Your attorney will ask for all relevant medical records and reports related to your baby's injury. The attorney will also employ medical experts to review the evidence and provide an official opinion as to whether the medical experts involved in your baby's birth breached the standard of care. In a typical case an expert will examine the medical care offered by the defendant with practices generally accepted by medical professionals with similar experience and training.

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

Medical Experts

While medical advances 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 birth injury both baby and mother's health. When they fail to follow through and cause a birth injury parents can seek compensation for their losses.

A birth injury attorney 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 witness testimony and medical records. They will also solicit expert opinions from other sources, including doctors and specialists.

The experts will analyze the evidence and give an official opinion on whether the injuries were the result of medical negligence. This will be used by the lawyer to decide on what to do next.

If the medical expert confirms that a mistake was committed Your lawyer will file suit against the parties responsible. This includes the obstetrician who was in charge of your pregnancy, as well as any surgeons, nurses or hospital staff who were involved in the delivery.

The costs of a lawsuit may be high due to the fees for expert witnesses, evidence, and depositions. Your lawyer will pay for these costs, and then reimburse you after they have settled your case.

Prepare for Trial

Generally, a birth injury lawyer will take on every case where the infant suffered injuries caused by negligence of a doctor prior or shortly after the birth. The lawyer will consider two aspects when analyzing the case: whether there evidence of medical negligence, and how severe the injury.

Attorneys often consult with medical experts to determine if the injury was caused by medical malpractice. The experts will carefully examine documents from the pregnancy, birth of the child and the medical treatment for the injuries following. They will also be in a position to determine the effects of the injuries sustained 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 a formal letter to the medical providers and their insurance companies inquiring them to respond to the claim. A good birth injury law firms injury attorney will know how to negotiate with insurance companies and be ready to bring the case to trial if needed.

Parents may be entitled for damages for past and future medical expenses that result from the injuries sustained by their child. They could also receive damages for suffering and pain. These damages can be significant, especially if the child's injuries are serious. A good birth injury attorney can maximize the compensation given to parents.

Insurance Companies

While a birth injury lawsuit will not reverse the damage that occurred to your child, it may pay for future medical expenses, the cost of therapy or home modifications as well as ongoing support. These expenses may seem overwhelming at first, but a competent birth injury lawyer will collaborate with several experts to determine the financial impact of a particular injury to your family and the amount you are entitled to receive in compensation for these expenses.

The first step in a birth injury claim is to prove that the doctor who handled your case had an professional relationship with your child and you, and that they breached the relationship by acting negligently either prior to or after your child's delivery. It is easy to prove this by obtaining your medical bills and hospital bills.

Once this has been established the lawyer needs to determine the specific actions that the doctor took that were negligent and how these affected your child's health. A birth injury attorney will know what to look for and how to obtain the medical documentation and expert witness testimony needed to support your case.

A good birth injury attorney can handle the entire complexity of your case and will never require you to come out of pocket to pursue justice. They should be able to work on a basis of contingency fees which means they only receive compensation if they prevail in your case and the amount they earn is a percentage of the settlement or award you receive.