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 but complications can still occur after the birth of a baby. If you believe your child suffered an unavoidable birth injury, speak to an experienced attorney for birth injuries right away.

A firm that is specialized in birth injury cases will generally advance all costs associated with a lawsuit and only receive payment if they are awarded compensation for your case.

Damages

While medical advances made childbirth safer than ever before, many mothers and their infants are at a higher risk of injury due to variety reasons. Oxygen deprivation and head trauma are among the most frequent. These injuries can cause permanent and devastation to the body like cerebral palsy. An experienced birth injury lawyer will assist families to receive the compensation they need to cover the cost of lifelong treatment and support.

Your lawyer will request all pertinent medical records and reports relating to the injury your baby sustained. He or she will also employ medical experts to examine the evidence and provide an opinion regarding whether the medical experts involved in the delivery of your baby did not meet the standards of care. In a typical case an expert will assess the medical care provided by defendant to practices commonly accepted by medical experts with similar experience and training.

Damages can be awarded for economic and non-economic losses. Economic damages can include medical expenses, lost income and property damage. Non-economic damages include emotional distress, pain and suffering. In rare instances punitive damages can also be awarded. These are meant to penalize the person who is at fault and discourage similar behaviour in the future. These are different from compensatory damages which are awarded to recover actual losses.

Medical Experts

While medical advances have made childbirth safer than ever before, there are some risks for both mother and baby. It is up to the nurses and doctors involved in the birth process to be professional and avoid making mistakes that could have devastating consequences for the health of both parties. When they fail to act accordingly and cause a birth injury parents can seek compensation for firms their losses.

A birth injury lawyer will work closely with you throughout the entire duration of your case, starting from beginning with the initial consultation until final resolution. They will collect evidence from you like witness testimonies and medical records and also get expert opinions from a variety of sources including other doctors and specialists.

The experts will analyze the evidence and give a formal opinion as to whether the injuries were the result of medical negligence. The lawyer will use this to decide how best to proceed.

If a medical professional confirms that a mistake occurred the lawyer will bring suit against the parties responsible. This includes the obstetrician who was in charge of your pregnancy, as well as any nurses, surgeons or hospital personnel who assisted during the birth.

The costs of a lawsuit could be high due to the fees for expert witnesses, documents, and depositions. Your lawyer will pay for these expenses and firms then reimburse you once they settle your case.

Prepare for the trial

A birth injury lawyer will take any case in which the baby was injured due to doctor negligence, prior to, during, or shortly after delivery. 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 negligence. Experts will carefully review the records of the pregnancy, birth of the child and the medical treatment received for the injuries later. They will also be able to analyze the effects of injuries on the child as well as his or her future.

The experts will help the lawyer decide which medical providers 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 reputable birth injury lawyer will be able to negotiate with the insurance companies and will be ready to make the case go to trial should it be necessary.

Parents could be entitled to damages for future and past medical expenses that result from the injuries of their child. You could also be entitled to compensation for the pain and suffering you have endured. These damages can be substantial particularly if the child's injuries were severe. An experienced birth injury lawyer can maximize the compensation awarded to the parents.

Insurance Companies

A birth injury lawsuit isn't able to erase the harm done to your child, but it could help cover future medical costs, therapy, home modifications, and ongoing support. These costs might seem overwhelming at first, however, a reputable birth injury lawyer will collaborate with several experts to determine the financial impact of any accident on your family and the amount you are entitled to receive in compensation for these costs.

The first step in a birth injury claim is to establish that the doctor involved in your case had an official relationship with your child and you, and that they violated this relationship by acting negligently during or before the child's birth. It is easy to prove this by collecting your medical bills and hospital bills.

Once this is established after this is established, the lawyer must determine the specific actions taken by the doctor who were negligent and the impact they affected your child's health. An attorney for birth injuries will know what to look for and where you can get the medical records and expert witness testimony to establish your case.

A good birth injury attorney will take care of the many complexities of your case and should never ask you to pay out of pocket to pursue justice. They should be willing to work on a contingent fee basis which means that they only receive compensation if they prevail in your case. The amount they get is a percentage of the settlement or award you receive.