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

Although advances in medicine make birthing safer than ever before however, complications may still occur after the birth of a baby. If you suspect your child suffered an unavoidable birth injury, speak to an experienced birth injury attorney right away.

A firm specializing in birth injury cases will usually finance all litigation costs and only be compensated if they obtain an award in your case.

Damages

While advances in medicine have made birthing safer than ever before but many mothers and their infants are still at a high risk of injury due to a variety reasons. Trauma to the head and oxygen deprivation are among the most frequent. These injuries can result in devastating disabilities like cerebral palsy. A good birth injury attorney will assist families to receive the compensation they require to cover the cost of lifelong treatment and support.

Your attorney will seek all relevant medical records and reports relating to your baby's injury. He or she will also hire medical experts to review the evidence and provide a formal opinion about whether the medical experts involved in the delivery of your baby violated the standard of medical care. In a typical case, an expert will assess the medical care offered by the defendant with practices that are commonly used by medical professionals who have the same experience and education.

Non-economic and economic damages can be awarded. Economic damages include medical costs as well as lost income and property damage. Non-economic damages include emotional distress, pain and suffering. In rare cases the punitive damages might be awarded. They are intended to penalize the at-fault party and birth injury attorney deter similar conduct in the future. These are separate from the compensatory damages that are given to compensate for actual losses.

Medical Experts

Although advances in medicine have made childbirth more secure than ever, the process is not without risk for both mother and child. It is the responsibility of the doctors and nurses who are involved in the delivery to be professional and to avoid mistakes that could cause devastating harm for both baby and mother's health. Parents may claim damages if nurses and doctors fail to act professionally during the delivery.

A birth injury attorney will be in close contact with you throughout the duration of your case from the initial consultation through 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 like doctors and specialists.

They will look over all evidence and provide an opinion in writing on whether the injuries occurred because of medical negligence. This will be used by the lawyer to determine what to do next.

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

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

Prepare for the trial

A birth injury lawyer will work every case where the baby suffered injuries due to doctor negligence, before or during or shortly after delivery. The lawyer will examine two things when reviewing the case to determine if there is evidence of medical negligence, and the severity of the injury.

Often, attorneys consult with medical experts to determine if medical malpractice led to the injury. They will look over all documents related to pregnancy, childbirth, and medical treatment for Birth injury Attorney injuries. They will also be able to assess the effect of the injuries suffered by the child on their future.

The experts will aid the lawyer in determining the medical providers to be named as defendants in the lawsuit. The lawyer will then send a letter the medical providers and their insurers asking them to reply to the claim. A good birth injury attorney will know how to negotiate with insurance companies and be ready to make the case go to trial if needed.

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

Insurance Companies

While a birth injury law firm injury lawsuit will not reverse the damage that occurred to your child, it may pay for future medical expenses, the cost of therapy, home modifications and on-going support. These costs may appear overwhelming at first, but a competent birth injury lawyer will collaborate with several experts to calculate the financial impact of a particular accident on your family and how much you're entitled to compensation for these costs.

The first step in a birth injury lawsuit is to prove that the doctor who was involved in your case had an official relationship with you and your child and that they violated the trust by committing a breach during or before your child's delivery. This can be easy to prove by obtaining your medical documents and hospital bills.

After this is established the lawyer must determine the specific actions that the doctor made that were negligent and how they impacted the health of your child. A birth injury attorney will know what to look for and where you can get the medical documentation and expert witness testimony needed to support your case.

A good birth injury attorney can handle the entire complexity of your case. They should never require you to pay out of pocket to pursue justice. They should be able to work on a basis of contingency fees which means they only be paid if they succeed in winning your case and the amount they earn is a portion of the settlement or award you receive.