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

Complications are still possible during and after the birth of a baby despite advances in medical technology making it more secure than ever. If you suspect your child was injured due to a birth injury, speak to an experienced birth injury attorney immediately.

A firm that specializes on birth injury law firms injuries will typically cover all litigation costs, and only be compensated if they win compensation in your case.

Damages

While advances in medicine have made childbirth more secure than it used to be, many mothers and babies are still at risk of injuries due to a variety reasons. Trauma to the head and oxygen deprivation are among the most common. These injuries can cause catastrophic disabilities like cerebral palsy. A good birth injury attorney can help families get the compensation they need to fund lifelong care and care.

Your lawyer will request all pertinent medical records and reports related to your baby's injuries. He or she may employ medical experts to review the evidence and give an opinion in writing on whether the medical professionals who delivered your baby did not follow the standard of care. In a typical situation, an expert will assess the medical care offered by the defendant with the practices commonly accepted by other medical professionals with similar education and experience.

Non-economic and economic damages can be awarded. Economic damages include medical costs as well as lost income and property damage. Non-economic damages include emotional distress as well as suffering and pain. In rare instances, punitive damages are also awarded. These are meant to penalize the responsible party and deter similar behavior in the future. They are separate from compensatory damages granted to recover actual losses.

Medical Experts

While advances in medicine have made childbirth more safe than ever before, there remain some risks for both mother and baby. It is up to the doctors and Birth Injury nurses involved in the birth process to behave in a professional manner and avoid making mistakes which could have catastrophic consequences for the health of both parties. Parents may be able to sue for damages if the nurses and doctors are not professional during a delivery.

A birth injury attorney will be in close contact with you throughout the entire duration of your case, starting from the initial consultation to the final resolution. They will gather evidence from you such as witness testimonies and medical records, and also obtain expert opinions from various sources, including other doctors and specialists.

The experts will examine the evidence and provide a formal opinion as to whether the injuries resulted from medical negligence. The lawyer will use this to determine how to proceed.

If the medical expert agrees with you that malpractice was committed, your lawyer will bring suit against the parties responsible. This includes the obstetrician who was in charge of your pregnancy, birth injury attorneys as well as any surgeons, nurses or hospital staff who assisted during the delivery.

Lawsuits can be expensive as a result of the numerous fees, including those for records, expert witnesses and depositions. Your lawyer will cover these expenses and then reimburse you once they settle your case.

Prepare for the trial

Generally, a birth injury lawyer is a person who handles any case where the baby suffered injuries due to negligence of a doctor prior to, during or shortly after delivery. In analyzing the case the lawyer will take into consideration two things: whether or not there any evidence of medical negligence as well as the severity of the injury.

Attorneys often consult with medical experts to determine if the injury was the result of medical negligence. Experts will examine all documents related to childbirth, pregnancy and medical treatment for injuries. They will also be able to examine the effects of the injuries on the child and the future of the child.

The experts will aid the lawyer in determining which medical providers are to be named as defendants in the lawsuit. The lawyer will then send a letter the medical providers and their insurance companies asking them to reply to the lawsuit. A good birth injury attorney will know how to negotiate with insurance companies and will be ready to go to trial if necessary.

Parents may be entitled to damages for future and past medical costs related to the injuries sustained by their child. They may also be awarded damages for their pain and suffering. The amount of damages could be substantial when the child's injuries are severe. A good birth injury attorney can maximize the compensation given to parents.

Insurance Companies

Although a lawsuit for birth injuries cannot undo what happened to your child, it may help pay for future medical expenses, the cost of therapy, home modifications, and ongoing support. These expenses may seem overwhelming, but an experienced birth injury lawyer will work with several experts to determine the financial impact on your family due to the injury you sustained and how much compensation you are entitled to.

To claim a birth injury, you must first prove that your doctor and your child shared an established professional relationship and they violated this relationship by committing a negligent act prior to or during your child's birth. This is easy to prove by obtaining your medical records and hospital bills.

Once this is established, the lawyer will need to identify what specific actions the doctor performed that were negligent and how they impacted the health of your child. A birth injury law firm injury attorney will know what to look for and where you can get the medical evidence and expert witness testimony to support your case.

A good birth injury attorney will take care of the many complexities of your case. They will never require you to come out of pocket to pursue justice. They must be able and willing to work on a contingent fee basis. This means that they only be paid if they win your case and their fee is a percentage from the settlement or award.