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

Complications are still possible during and after a child's birth despite advancements in medical technology making it safer than ever. If you believe your child suffered an unavoidable birth injury, contact an experienced birth injury lawyer immediately.

A firm that specializes in cases involving birth injuries generally will advance all lawsuit expenses and only receive payment if they receive the case.

Damages

While medical advances have made childbirth more secure than it was before however, mothers and their babies are still at risk of danger of injury due variety reasons. This includes oxygen deprivation, head trauma, and infections. These injuries can lead to devastating disabilities like cerebral palsy. An experienced birth injury lawyer can help families get the compensation they require to cover the cost of lifelong treatment and support.

Your lawyer will request all medical records and reports related to the injuries sustained by your baby. They will also employ medical experts to review the evidence and give an official opinion on whether the medical personnel involved in the birth of your baby did not meet the standards of care. In a typical case an expert will assess the medical treatment offered by the defendant with the practices generally accepted by other medical professionals with similar education and experience.

Damages are awarded for economic and non-economic losses. Economic damages cover expenses like current and future medical bills, lost income and property loss. Non-economic damages include emotional distress and pain and suffering. In rare instances, punitive damages may also be awarded. These are intended to punish the person who is at fault and discourage similar behavior in future. These are different from compensatory damages that are awarded to recover the actual losses.

Medical Experts

Although medical advances have made childbirth safer than ever, the procedure still involves some risk for both baby and mother. It is the responsibility of nurses and doctors involved in the birth process to act professionally and avoid mistakes that could cause catastrophic harm for the health of both parties. If they fail to do this and cause birth injuries parents may claim compensation for the damage.

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

The experts will examine the evidence and provide an official opinion on whether the injuries resulted from medical negligence. This will be used by the lawyer to decide what to do next.

If the medical expert is of the opinion that there was a malpractice and your lawyer files a lawsuit against those responsible parties. This usually includes the obstetrician in charge of your pregnancy and delivery as well as any surgeons or nurses who assisted during the delivery as well as the hospital where the birth took.

The cost of a lawsuit can be high due to the many fees like those for records, expert witnesses and depositions. Your lawyer will pay these costs, and then reimburse you once they settle your case.

Prepare for Trial

A birth injury lawyer will work any case in which the baby suffered injuries due to doctor negligence, prior to, during, or birth injury lawyer shortly after birth. The lawyer will take into consideration two aspects when evaluating the case whether there evidence of medical negligence and how serious the injury.

Often, lawyers will consult with medical experts in order to determine if medical negligence caused the injury. They will look over all documentation related to pregnancy, childbirth and medical treatment for injuries. They will also be able to assess the effect of the injuries sustained by the child on his or her future.

The experts will help the lawyer determine the medical providers who will be named as defendants in the lawsuit. The lawyer will then send a letter the medical providers and their insurance companies and ask 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 take the case to trial if necessary.

Parents could be entitled to damages for past and future medical costs related to the injuries sustained by their child. They may also be awarded damages for suffering and pain. These damages could be substantial, especially if a child's injuries were severe. An experienced birth injury lawyer can maximize the amount of compensation that is given to parents.

Insurance Companies

While a birth injury lawsuit will not reverse the damage that occurred to your child, it may help pay for future medical expenses and the cost of therapy as well as home modifications and ongoing support. These costs can seem overwhelming, but a seasoned birth injury lawyer will collaborate with several experts to determine the financial effects on your family from an injury that you suffered and the amount of compensation you are entitled to.

The first step in a birth injury claim is to prove that the doctor who was involved in your case had a professional relationship with you and your child, and that they breached that relationship by acting negligently prior to or during the child's birth. You can easily prove this by obtaining your hospital bills and medical records.

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 lawyer will know what to look for and how to obtain the medical documentation and expert witness testimony needed to prove your case.

A reputable birth injury lawyer will take care of the many complexities of your case. They will never require you to come 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 and the amount they receive is a percentage of the settlement or birth injury lawyer award you receive.