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

Although advances in medicine have made childbirth more secure than ever before however, complications may still occur during and after the birth of the baby. If you suspect that your child suffered a preventable birth injury, you should contact an experienced birth injury attorney immediately.

A firm that is specialized in birth injury cases generally will advance all lawsuit expenses and only be paid if they are awarded compensation for your case.

Damages

While advances in medicine have made childbirth much safer than it was previously but many mothers and their babies are still at risk for injuries resulting from a variety reasons. Oxygen deprivation and head trauma are among the most common. These injuries can lead to devastating disabilities like cerebral palsy. A good birth injury attorney can assist families in obtaining the compensation they need to pay for lifelong treatment and support.

Your lawyer will ask for all relevant medical records and reports related to the injury your baby sustained. He or she will also employ medical experts to analyze the evidence and give an official opinion on whether the medical professionals involved in your baby's delivery violated the standard of care. In a typical case an expert will assess the medical treatment offered by the defendant with the standard practices 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 loss of income, property damage. Non-economic damages include emotional distress as well as pain and birth injury suffering. In rare instances, punitive damages may also be awarded. These are designed to punish the party responsible and discourage similar behavior in the future. They are different from compensation damages that are given to compensate for actual losses.

Medical Experts

While medical advances have made childbirth safer than ever before, there are still some risks for both mother and baby. It is the responsibility of doctors and nurses involved in the birth process to be professional and avoid making mistakes that could cause catastrophic harm for the health of both parties. When they fail to follow through and cause a birth injury parents may be able to claim compensation for their injuries.

A birth injury attorney will be in close contact with you throughout the course of your case, beginning from the initial consultation until the final resolution. They will gather evidence from you like medical records and witness testimonies, and also obtain expert opinions from a variety of sources including other doctors and specialists.

These experts will examine all evidence and provide an official opinion on whether the injuries were caused because of medical negligence. This will be utilized by the lawyer to decide how to proceed.

If a medical professional is of the opinion that malpractice occurred the lawyer will file suit against the parties at fault. This includes the obstetrician in charge of your pregnancy, as well as any nurses, surgeons, or hospital personnel who were involved in the delivery.

Lawsuits can be expensive as a result of the numerous fees, including the cost of records, birth injury expert witnesses and depositions. Your lawyer will pay these costs, and then reimburse you once they settle your case.

Preparing for Trial

Generally, a birth injury lawyer is a person who handles any case where the baby suffered injuries because of negligence by a doctor before, during or shortly after delivery. The lawyer will examine two things when reviewing the case whether there is evidence of medical negligence and the severity of the injury.

Attorneys often consult medical experts to determine if the injury was the result of medical malpractice. These experts will carefully review documents from the pregnancy, the child's birth and the medical treatment received for the injuries following. They will also be able evaluate the effects of the injuries on the child and 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 issue an inquiry letter to medical providers and insurers to respond to the claim. A good birth injury attorney will be able to negotiate with the insurance companies and will be ready to bring the case to trial should it be necessary.

Parents may be entitled for damages for future and past medical costs related to the injuries of their child. You may also receive damages for pain and suffering. These damages can add up, especially if the child's injuries are serious. A good birth injury attorney can maximize the amount of compensation that is awarded to the parents.

Insurance Companies

While a birth injury lawsuit can't reverse the harm done to your child, it may pay for future medical expenses and the cost of therapy, home modifications and on-going support. These costs might appear overwhelming at first, but a skilled birth injury attorney will work with multiple experts to calculate the financial impact of any accident on your family and what amount you are legally entitled to receive compensation for these costs.

The first step in a birth injury lawyers injury lawsuit is to establish that the doctor who handled your case had an official relationship with you and your child, and that they violated the trust by committing a breach prior to or during the birth of your child. It is easy to demonstrate this by looking up your medical records and hospital bills.

Once this is established After this is established, the lawyer needs to identify the specific actions taken by the doctor who were negligent and the effect they had on the health of your child. A birth injury attorney will know what to look for and how to obtain the medical evidence and expert witness testimony to establish your case.

A good birth injury attorney will take care of all the complexities of your case. They will not require you to pay out of your pocket to seek justice. They should be able to work on a basis of contingency fees which means they only get paid if they win your case. The amount they get is a percentage of the settlement or award you receive.