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 child despite advances in medical technology that make it safer than ever. If you suspect that your child suffered injuries to the birth that could have been avoided, contact a birth injury lawyer immediately.

A firm that specializes in birth injury cases generally advances the entire cost of a lawsuit. They will only be paid if they win compensation for your case.

Damages

While medical advances made childbirth more secure than ever before, many mothers and their infants are at a higher risk of injury for a number of reasons. These include oxygen deprivation head trauma, and infections. These injuries can lead to devastating disabilities like cerebral palsy. A good birth injury lawyer can assist families to receive compensation for the ongoing treatment and care they need.

Your lawyer will seek all relevant medical records and reports related to your baby's injury. The attorney will also hire medical experts to examine the evidence and give an opinion regarding whether the medical experts involved in the delivery of your baby breached the standard of care. In a typical instance, an expert will compare the medical treatment provided by the defendant with the standard practices used by other medical professionals with similar training and experience.

Economic and non-economic damages may be awarded. Economic damages include medical costs, lost income and property damage. Non-economic damages can include emotional distress as well as suffering. In rare instances, attorneys punitive damages are also awarded. These are intended to punish the person responsible and Attorneys discourage similar conduct in the future. They are different from compensation damages that are awarded to recover actual losses.

Medical Experts

While medical advances have made childbirth more safe than ever before, there are still some risks for both the mother and baby. It is the responsibility of the doctors and nurses who are involved in the delivery to act 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 may be able to seek compensation for their damages.

From the initial consultation until the final resolution A birth injury lawyer will closely work on your case. They will gather evidence from you, including witness testimony and medical records. They will also obtain expert opinions from other sources, including doctors and specialists.

These experts will examine all the evidence, and provide an official opinion on whether the injuries are due to medical negligence. The lawyer will use this information to determine the best way to proceed.

If a medical professional is of the opinion that malpractice occurred the lawyer will file a suit against the parties at fault. This usually includes the obstetrician responsible for the delivery and pregnancy, any nurses or surgeons who assisted during the birth, as well as the hospital where the birth took place.

The cost of a lawsuit could be high due to the costs for expert witnesses, evidence, and depositions. Your lawyer will advance these costs and reimburse you once they have negotiated a settlement on your behalf.

Prepare for Trial

Generally, a birth injury lawyer takes cases where the infant was injured caused by negligence of a doctor prior or shortly after delivery. The attorney will look at two aspects when evaluating the case whether there is evidence of medical negligence and the severity of the injury.

Often, the attorneys will consult with medical experts to determine if a medical error caused the injury. These experts will carefully review documents from the pregnancy, the child's birth and the medical treatment received for the injuries later. They will also be able to examine the effects of the injuries on the child as well as the future of the child.

The experts will aid the lawyer in determining which medical providers are to be named as defendants in the lawsuit. The lawyer will issue a letter asking the medical providers and insurers to respond to the complaint. A skilled birth injury attorney will know how to negotiate with insurance companies and be prepared to make the case go to trial if necessary.

Parents may be entitled to damages for past and future medical expenses related to the injuries of their child. They may also be able to claim damages for their pain and suffering. The amount of damages could be substantial in the event that the child's injuries are severe. A good birth injury attorney can maximize the amount of money that is awarded to parents.

Insurance Companies

Although a lawsuit for birth injury attorneys injuries will not reverse the damage that occurred to your child, it may cover future medical expenses, the cost of therapy, home modifications, and ongoing support. These costs may seem overwhelming, but a seasoned birth injury lawyer will work with a variety of experts to determine the financial effects on your family from an injury, and the amount of compensation you are entitled to.

The first step in a birth injury claim is to prove that the doctor in your case had an professional relationship with your child and you, and that they breached that relationship by acting negligently either prior to or after your child's delivery. This may be easy to prove by obtaining your medical records and hospital bills.

Once this is established the lawyer will have to identify what specific actions the doctor took that were negligent and how these affected your child's health. A birth injury lawyer will know what to look for and where to obtain the medical documentation and expert witness testimony needed to establish your case.

A good birth injury lawyer will handle the complexities of your claim and will never demand you to pay for justice. They should be willing to work on a contingency fee basis, meaning that they only get paid if they win your case and the amount they get is a percentage of the settlement or award you receive.