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 baby despite the advancements in medicine making it safer than ever. If you suspect that your child suffered from a preventable birth injury, contact an experienced birth injury lawyer right away.

A firm that specializes in birth injury cases will generally advance all lawsuit expenses and only get paid when they win compensation for your case.

Damages

Although advances in medicine have made childbirth more secure than it was previously yet many mothers and babies are still at risk for injuries due to a variety reasons. The lack of oxygen and head trauma are among the most frequent. These injuries can cause devastating disabilities, such as cerebral palsy. An experienced birth injury lawyer will assist families to receive the compensation they require to cover lifelong medical treatment and care.

Your lawyer will request all pertinent medical records and reports related to the injury your baby sustained. He or firms she will also engage medical experts to examine the evidence and provide a formal opinion about whether the medical experts involved in the delivery of your baby breached the standard of care. In a typical situation, an expert will examine the medical care provided by the defendant to the practices generally accepted by other medical professionals who have similar education and experience.

Damages are awarded for economic and non-economic losses. Economic damages include medical costs as well as lost income and property damage. Non-economic damages include emotional distress and pain and suffering. In some cases, punitive damages can also be awarded. They are intended to penalize the party at fault and discourage similar conduct in the future. They are different from compensatory damages which are given to compensate for actual losses.

Medical Experts

Even though medical advancements have made childbirth more safe than ever before, there are certain risks for both mother and baby. It is the responsibility of the nurses and doctors involved in the delivery to be professional and to avoid making mistakes that could cause devastating harm for both the baby and mother's health. If they fail to act accordingly 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 until the final resolution. They will gather evidence from you like witness testimonies and medical records and will also seek expert opinions from a variety of sources including other doctors and specialists.

These experts will review all evidence and provide an opinion in writing on whether the injuries were by medical negligence. The lawyer will use this to determine how to proceed.

If the medical professional agrees that malpractice was committed, your lawyer will file a lawsuit against the responsible parties. This usually includes the obstetrician responsible for the delivery and pregnancy, any nurses or surgeons who helped during the delivery, as well as the hospital where the birth took place.

Lawsuits can be expensive as a result of the many fees such as the cost of documents, expert witnesses, and depositions. Your lawyer will cover these costs and pay you back once they have won a settlement on your behalf.

Preparing for a trial

Typically, a birth injury lawyer takes every case where the baby suffered injuries because of negligence by a doctor before or shortly after delivery. The lawyer will consider two factors when analyzing the case whether there is evidence of medical negligence and how serious the injury.

Often, lawyers will consult with medical experts in order to determine if a medical error led to the injury. They will review records from the pregnancy, birth of the child and the medical treatment received for the injuries following. They will also be able analyze the effects of injuries on the child and his or her future life.

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

Parents may be entitled to damages for future and past medical expenses resulting from the injuries suffered by their child. They could also be awarded damages for their pain and suffering. These damages can be significant in the event that a child's injuries were severe. An experienced birth injury lawyer will be able to maximize the amount of compensation that is given to parents.

Insurance Companies

While a birth injury lawsuit can't reverse the harm done to your child, it can be used to pay for future medical expenses for therapy, the cost as well as home modifications and ongoing support. These costs might appear overwhelming at first, but a competent birth injury lawyer will collaborate with several experts to determine the financial impact of a particular injury to your family and how much you are legally entitled to receive compensation for these costs.

The first step in a birth injury lawsuit is to establish that the doctor involved in your case had an official relationship with you and your child, and that they violated that relationship by acting negligently prior to or during the birth of your child. You can easily prove this by collecting your medical bills and law hospital bills.

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

A reputable birth injury lawyer will take care of the many complexities of your case and will never ask you to pay out of pocket to pursue justice. They must be able and willing to work on an hourly basis. This means they will only be paid if they win your case, and their fee is a percentage from the settlement or award.