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

Complications are still possible in the course of a child's birth despite the advancements in medicine that make it safer than ever. If you believe your child suffered a preventable birth injury law firms injury, you should contact an experienced birth injury lawyer right away.

A firm that focuses on birth injury attorneys injury cases will usually advance all litigation expenses and only pay when they are successful in winning an award in your case.

Damages

Although advances in medicine have made childbirth much safer than it was previously, many mothers and Birth Injury Lawyer babies are still susceptible to injuries due to a variety reasons. This includes oxygen deprivation, head trauma, and infections. These injuries can lead to devastating disabilities such as cerebral palsy. An experienced birth injury lawyer can assist families in obtaining the compensation they need to cover lifelong medical treatment and care.

Your attorney will ask for all medical records and reports relevant to the injury suffered by your baby. They may also engage medical experts who will analyze the evidence and provide an official opinion on whether the medical personnel who delivered your child violated the standard of care. In a typical case, an expert will assess the medical treatment provided by the defendant with the practices that are commonly used by other medical professionals with similar education and experience.

Non-economic and economic damages can be awarded. Economic damages cover expenses including future and present medical bills, lost income and property loss. Non-economic damages may include emotional distress as well as suffering and pain. In rare cases punitive damages can also be awarded. These are meant to penalize the person responsible and deter similar behavior in the future. These are separate from the compensatory damages that are granted to recover actual losses.

Medical Experts

Even though medical advancements have made childbirth safer than ever before, there remain certain risks for both mother and baby. It is up to the doctors and nurses who are involved in the delivery to act professionally and avoid mistakes which could have catastrophic consequences for the health of both parties. When they fail to act accordingly and cause birth injuries parents can claim compensation for the damage.

A birth injury lawyer will be in close contact with you for the duration of your case, starting from the initial consultation until the final resolution. They will gather evidence from you, including witness testimony and medical records. They will also seek expert opinions from other sources including doctors and specialists.

These experts will review all the evidence and give an opinion in writing on whether the injuries were caused due to medical negligence. The lawyer will then use this information to determine the best way to proceed.

If the medical expert is of the opinion that malpractice was committed then your lawyer will file a lawsuit against the responsible parties. This typically includes the obstetrician who was responsible for 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 place.

The cost of a lawsuit are high due to the costs for expert witnesses, documents, 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 on any case where the baby suffered injuries due to a doctor's negligence, either prior to, during, Birth Injury Lawyer or shortly after delivery. The lawyer will consider two aspects when analyzing the case in determining whether there is evidence of medical negligence, and the severity of the injury.

In most cases, attorneys consult with medical experts in order to determine if medical negligence caused the injury. Experts will examine all records pertaining to the pregnancy, childbirth and medical treatment for injuries. They will also be able to analyze the effects of injuries on the child as well as his or her future.

The experts will assist the lawyer identify the medical providers that should be named in the lawsuit. The lawyer will issue a letter asking the medical providers and insurers to respond to the claim. A reputable birth injury lawyer will know how to negotiate with insurance companies and will be ready to take the case to trial should it be necessary.

Parents could be entitled to compensation for medical expenses arising from their child's injuries. They could also receive damages for their pain and suffering. These damages could be substantial when the child's injuries were serious. An experienced birth injury lawyer can help maximize the amount of compensation paid to the parents.

Insurance Companies

A birth injury lawsuit won't reverse the harm done to your child, but it can help pay for future medical expenses therapy, home modifications, and ongoing support. These costs can seem overwhelming, but a knowledgeable birth injury lawyer will collaborate with a team of experts to assess the financial impact on your family's finances from the injury you sustained and how much compensation you are entitled to.

The first step in a birth injury lawsuit is to establish that the doctor who was involved in your case had an established professional relationship with your child and you, and that they violated this relationship by acting negligently during or before the child's birth. This is easy to prove by obtaining your medical documents and hospital bills.

Once this is established the lawyer needs to identify what specific actions the doctor performed that were negligent and how they impacted your child's health. A birth injury lawyer will know what to look for and how to obtain the medical records and expert witness testimony to establish your case.

A reputable birth injury lawyer will handle all the complexities of your case. They should never ask you to pay out of your pocket to seek justice. They should work on a contingency basis, meaning that they only receive payment if they win your case and the amount they receive is a percentage of the settlement or award you receive.