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

Although advances in medicine have made childbirth safer than ever, complications can still arise in the course of birth and after the birth of a baby. If you suspect that your child suffered an unavoidable birth injury, contact an experienced birth injury lawyer right away.

A firm that specializes on birth injury cases will usually cover all litigation costs, and only pay when they receive an award in your case.

Damages

Although advances in medicine have made childbirth more secure than ever before however, mothers and their infants are still at a high risk of injury due to variety of reasons. These include oxygen deprivation, head trauma, and infections. These injuries can cause catastrophic disabilities like cerebral palsy. An experienced birth injury lawyer will assist families to receive the compensation they require to pay for lifelong treatment and care.

Your lawyer will seek all relevant medical records and reports relating to the baby's injury. They will also employ medical experts to review the evidence and provide an official opinion on whether the medical personnel involved in the birth of your baby violated the standard of medical care. In a typical case, an expert will assess the medical care offered by the defendant with practices generally accepted by medical professionals with similar experience and qualifications.

Damages can be awarded for economic and non-economic losses. Economic damages cover costs such as current and future medical bills, lost income and property loss. Non-economic damages include emotional distress as well as suffering and pain. In rare circumstances, punitive damages are also awarded. These are intended to punish the party responsible and discourage similar conduct in the future. They are separate from compensation damages that are awarded to cover actual losses.

Medical Experts

Although advances in medicine have made childbirth safer than ever before, there are still certain risks for both mother and baby. It is the responsibility of the doctors and nurses who are involved in the birth to behave professionally and to avoid making mistakes which could result in devastating consequences for both the baby's and mother's health. Parents may be able to sue for damages if the nurses and doctors do not behave professionally during a delivery.

A birth injury lawyer will work closely with you throughout the duration of your case, starting from the initial consultation to the final resolution. They will gather evidence from you, like witness testimony and medical records. They will also get expert opinions from other sources including doctors and specialists.

They will look over the evidence and give an official opinion on whether the injuries resulted from negligence on the part of a medical professional. This will be used by the lawyer to determine what to do next.

If the medical expert confirms that a mistake occurred your lawyer will file suit against the responsible parties. This includes the obstetrician in charge of your pregnancy, any surgeons, nurses, or hospital personnel who assisted during the delivery.

The cost of a lawsuit could be expensive due to the charges for expert witnesses, evidence, and birth injury lawyer depositions. Your lawyer will pay these costs and pay you back once they have won settlement on your behalf.

Preparing for the Trial

A birth injury lawyer will take on any case where the baby was injured as a result of doctor negligence, either prior to, during, or shortly following delivery. The lawyer will take into consideration two aspects when evaluating the case: whether there evidence of medical negligence, and how severe the injury.

Attorneys will often consult with medical experts to determine whether the injury was caused by medical negligence. Experts will carefully review the records of the pregnancy, birth of the child and the medical treatment for the injuries following. They will also be able to determine the effects of the injuries suffered by the child on their future.

The experts will help the lawyer identify which medical professionals should be included in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurers asking them to reply to the lawsuit. A reputable birth injury lawyer will be able to negotiate with the insurance companies and will be ready to take the case to trial should it be necessary.

Parents may be entitled to damages for medical expenses arising from the injuries suffered by their child. You could also be entitled to compensation for the pain and suffering you have endured. These damages could be substantial particularly if the child's injuries were severe. An experienced birth injury lawyer can help maximize the amount of compensation that is given to parents.

Insurance Companies

Although a lawsuit for birth injuries will not reverse the damage that occurred to your child, it can be used to pay for future medical expenses for therapy, the cost, home modifications, and ongoing support. These expenses may seem overwhelming, but a seasoned birth injury lawyer will collaborate with a team of experts to assess the financial impact on your family's finances from an injury that you suffered and the amount of compensation you are entitled to.

To file a claim for birth injury it is necessary to prove that your doctor and your child shared an established professional relationship and the doctor violated this relationship by failing to act properly prior to or during the birth of your child. You can easily prove this by obtaining your hospital bills and medical records.

Once this is established the lawyer will need to identify what specific actions the doctor made that were negligent and how these impacted your child's health. A birth injury lawyer will know what to look for and where you can get the medical documentation and expert witness testimony needed to support your case.

A reputable birth injury lawyer will take care of all the complexities of your case. They will not require you to pay out of pocket to pursue justice. They must be able to work on the basis of a contingent fee. This means that they will only be paid if they win your case, and their fee is a portion of the settlement or award.