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

There are still complications that can occur in the course of the birth of a child despite advances in medical technology making it more secure than ever. If you suspect your child suffered a preventable birth injury, contact an experienced birth injury attorney immediately.

A firm that focuses on birth injury cases is likely to cover all litigation costs, and only be compensated if they win compensation in your case.

Damages

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

Your attorney will ask for all relevant medical records and reports relating to your baby's injuries. They may also engage medical experts who will review the evidence and birth injury lawsuit give an official opinion as to whether the medical professionals who delivered your baby have violated the standard care. In a typical case an expert will compare medical care provided by the defendant to methods commonly accepted by medical experts with similar experience and qualifications.

Damages can be awarded for economic and non-economic losses. Economic damages can cover expenses like future and current medical bills, lost income and property losses. Non-economic damages include emotional distress and suffering and pain. In some cases, punitive damages may also be awarded. They are designed to punish the party at fault and discourage similar behavior in future. These are separate from the compensatory damages given to compensate for actual losses.

Medical Experts

Although advances in medicine have made childbirth safer than ever before, the process remains a risky one for mother and baby. It is up to the doctors and nurses involved in a birth to be professional and avoid mistakes that could cause catastrophic harm for the health of both parties. Parents can claim damages if doctors and nurses do not behave professionally during the delivery.

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 gather evidence from you, including witness testimony and medical records. They will also obtain expert opinions from other sources like doctors and specialists.

The experts will go over all evidence and provide an official opinion on whether the injuries were caused by medical negligence. The lawyer will then use this information to determine the best way to proceed.

If the medical professional agrees with you that malpractice occurred, your lawyer will file a lawsuit against the responsible parties. This includes the obstetrician in charge of your pregnancy as well as any nurses, surgeons, or hospital personnel who assisted during the birth.

Lawsuits can be expensive due to the numerous fees, including the cost of documents, expert witnesses, and depositions. Your lawyer will cover these costs and then reimburse you when they have won settlement on your behalf.

Preparing for trial

A layton birth injury lawyer injury lawyer will take on any case where the baby was injured due to a doctor's negligence, prior to, during, or birth injury lawsuit shortly after birth. In analyzing the case the lawyer will look at two aspects: whether there is evidence of medical negligence as well as the severity of the injury.

Attorneys will often consult with medical experts to determine whether the injury was caused by medical malpractice. These experts will review all documentation related to pregnancy, childbirth, and medical treatment for injuries. They will also be able analyze the effects of injuries on the child and his or her future.

The experts will help the lawyer determine 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 good birth injury lawyer will know how work with insurance companies and be prepared to take on trial should it be necessary.

Parents may be entitled for damages for future and past medical expenses related to the injuries of their child. You could also be entitled to compensation for the pain and suffering you have endured. These damages can mount up, especially if the child's injuries are severe. An experienced attorney for birth injuries can maximize the amount of money awarded to the parents.

Insurance Companies

While a birth injury lawsuit can't reverse the harm done to your child, it could cover future medical expenses and the cost of therapy, home modifications, and ongoing support. These costs may seem overwhelming at first however, a reputable birth injury lawyer will collaborate with a variety of experts to assess the financial impact of a specific accident on your family and the amount you are entitled to receive in compensation for these costs.

In order to submit a claim for birth injury, you must first prove that your doctor and your child had an professional relationship, and that the doctor violated this relationship by acting negligently before 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 identify the specific actions made by the doctor who was negligent and the effect they caused to your child's well-being. A birth injury lawyer can help you locate the medical documentation along with expert witness testimony and other evidence to support your claim.

A good birth injury lawyer will manage the complexities of your claim and will never demand you to pay for justice. They should work on a contingency basis which means that they only receive compensation if they prevail in your case. The amount they earn is a percentage of the settlement or award you receive.