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

Complications can still occur in the course of the birth of a child despite advances in medical technology making it more secure than ever. If you suspect your child suffered an unavoidable birth injury, speak to an experienced birth injury attorney immediately.

A firm that specializes in cases involving birth injuries generally advances all legal costs and only receive payment if they win the case.

Damages

While advances in medicine have made childbirth more secure than it was previously yet many mothers and babies are still at risk of injuries resulting from a variety reasons. This includes oxygen deprivation, head trauma, and infections. These injuries can cause catastrophic disabilities, such as cerebral palsy. A good birth injury attorney can assist families in obtaining the compensation they require to cover lifelong medical treatment and support.

Your lawyer will request all medical records and other reports pertaining to the injury suffered by your baby. He or she may employ medical experts who will analyze the evidence and give an official opinion on whether the medical personnel who delivered your baby violated the standard of care. In a typical case an expert will compare the medical care offered by the defendant with the practices generally accepted by other medical professionals who have similar education and experience.

Non-economic and economic damages can be awarded. Economic damages cover expenses like current and future medical bills, lost income, and property loss. Non-economic damages could include emotional distress, suffering and pain. In rare cases punitive damages could also be awarded. They are intended to penalize the at-fault party and prevent similar behavior in the future. They are distinct from compensatory damages that are awarded to compensate for actual losses.

Medical Experts

Although advances in medicine have made childbirth more safe than ever before, there are certain risks for both mother and baby. It is the responsibility of nurses and doctors involved in the birth to behave professionally and to avoid making mistakes that can have devastating consequences for both baby and mother's health. When they fail to do this and cause a birth injury, parents can seek compensation for their losses.

A birth injury attorney will work closely with you throughout the course of your case, from beginning with the initial consultation until final resolution. They will gather evidence from you, birth injury attorney such as witness testimony and medical records. They will also solicit expert opinions from other sources, including doctors and specialists.

These experts will examine all the evidence and give a formal opinion on whether the injuries are by medical negligence. This will be utilized by the lawyer to decide what to do next.

If a medical professional confirms that a mistake occurred your lawyer will file suit against the accountable parties. This includes the obstetrician who was in charge of your pregnancy, and any surgeons, nurses, or hospital personnel who were involved in the delivery.

Lawsuits can be expensive due to the many fees such as the cost of records, expert witnesses and depositions. Your lawyer will advance these expenses and then reimburse you once they have negotiated an agreement on your behalf.

Prepare for the trial

Generally, a birth injury lawyer will consider cases where the baby suffered injuries due to negligence of a doctor prior to, during or shortly after birth. When reviewing the case, Birth Injury Attorney the lawyer will be looking at two things: whether there are any evidences of medical negligence, as well as the extent of the injury.

Attorneys frequently consult with medical experts to determine whether the injury was caused by medical malpractice. Experts will carefully review records from the pregnancy, the child's birth and the medical treatment given to the injuries later. They will also be able assess the impact of the injuries on the child and his or her future life.

The experts will assist the lawyer decide which medical professionals should be included in the lawsuit. The lawyer will send an inquiry letter to medical providers and insurers to respond to the complaint. A good birth injury attorney will know how to negotiate with the insurance companies and be prepared to take the case to trial if needed.

Parents may be entitled to compensation for future and past medical expenses resulting from the injuries sustained by their child. They may also be able to claim damages for their pain and suffering. These damages could be substantial particularly if the child's injuries were severe. A good birth injury attorney will be able to maximize the compensation awarded to the parents.

Insurance Companies

Although a lawsuit for birth injury attorneys injuries cannot undo what happened to your child, it may help pay for future medical expenses, the cost of therapy as well as home modifications and ongoing support. These costs may seem overwhelming, but an experienced birth injury lawyer will collaborate with a number of experts to determine the financial impact on your family's finances from a specific injury and how much compensation you are entitled to.

The first step in a birth injury lawsuit is to establish that the doctor in your case had an established professional relationship with you and your child. They must also prove that they breached that relationship by acting negligently during or before your child's delivery. It is easy to prove this by collecting your medical records and hospital bills.

Once this is established the lawyer needs to identify the specific actions the doctor took that were negligent and how they affected the health of your child. A birth injury attorney will know what to look for and where you can get the medical records and expert witness testimony to demonstrate your case.

A good birth injury attorney 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 ad-hoc basis. This means that they only be paid if they win your case, and their fee is a percentage of the settlement or award.