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

Although medical advances make childbirth safer than ever however, complications may still occur following the birth of a baby. If you believe your child suffered injuries to the birth that could have been prevented contact a birth injuries lawyer immediately.

A firm that concentrates on birth injury cases is likely to pay for all litigation costs and only pay when they are successful in winning the case and receive compensation.

Damages

While 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 of reasons. Oxygen deprivation and head trauma are among the most frequent. These injuries can cause catastrophic disabilities such as cerebral palsy. A skilled birth injury lawyer can help families receive the compensation they require to pay for lifelong treatment and birth care.

Your attorney will request all relevant medical records and reports related to your baby's injuries. He or she may also hire medical experts to review the evidence and give an official opinion on whether the medical professionals who delivered your baby violated the standard care. In a typical case an expert will compare the medical treatment offered by the defendant with the practices generally accepted by other medical professionals with similar qualifications and experience.

Economic and non-economic damages can be awarded. Economic damages include medical expenses, lost income, and property damage. Non-economic damages include emotional distress as well as suffering and pain. In rare circumstances, punitive damages can also be awarded. These are meant to penalize the responsible party and discourage similar behavior in future. These are different from compensatory damages, which are awarded to cover actual losses.

Medical Experts

Although medical advances have made childbirth more secure than ever, the procedure still poses a risk for both baby and mother. It is the responsibility of doctors and nurses who are involved in the birth to behave professionally and to avoid mistakes that can have devastating consequences for both mother and baby's health. Parents can claim damages if nurses and doctors fail to behave appropriately during the delivery.

A birth injury attorney will work closely with you for the duration of your case, beginning from the initial consultation through to the final resolution. They will collect evidence from you such as witness testimonies and medical records and will also seek expert opinions from many sources, including other specialists and doctors.

The experts will go over all evidence and provide a formal opinion on whether the injuries occurred by medical negligence. This will be used by the lawyer to decide how to proceed.

If the medical professional agrees with you that malpractice occurred your lawyer will bring suit against the responsible parties. This usually includes the obstetrician who was in charge of your pregnancy and delivery and any nurses or surgeons who assisted during the birth and the hospital where the birth took place.

Legal proceedings can be costly because of the numerous fees, Birth including the cost of records, expert witnesses, and depositions. Your lawyer will pay for these expenses and then reimburse you once they have settled your case.

Preparing for Trial

In general, a birth injuries lawyer is a person who handles cases where the baby suffered injuries due to negligence of a doctor prior to or shortly after delivery. When reviewing the case, the attorney will consider two aspects: whether there are any indications of medical negligence, as well as the extent of the injury.

In most cases, attorneys consult with medical experts in order to determine if medical malpractice caused the injury. Experts will carefully review documents from the pregnancy, birth of the child and the medical treatment given to the injuries that occurred afterward. They will also be able analyze the effects of injuries on the child as well as his or her future life.

The experts will assist the lawyer to determine the medical providers that should be included in the lawsuit. The lawyer will then send an email asking the medical providers and insurers to respond to the complaint. A reputable birth injury lawyer will know how negotiate with insurance companies and be prepared to go to trial if required.

Parents may be entitled to damages for medical expenses that result from the injuries sustained by their child. You may also be entitled to damages for your pain and suffering. The amount of damages could be substantial in the event that the child's injuries are serious. An experienced attorney for birth injuries will be able to maximize the amount of compensation that is awarded to the parents.

Insurance Companies

A birth injury lawsuit isn't able to repair the harm caused to your child, but it can cover future medical expenses therapy, home modifications, and ongoing support. The costs could seem overwhelming, but a knowledgeable birth injury lawyer will work with several experts to determine the financial impact on your family of the injury you sustained and the amount of compensation you are entitled to.

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 your child and you, and that they violated the relationship by acting negligently before or during the child's birth. It is easy to establish this by obtaining your hospital bills and medical records.

Once this has been established the lawyer needs to determine what specific actions the doctor took that were negligent and how they impacted your child's health. A birth injury lawyer will know where to locate the medical documentation or expert witness testimony, as well as other evidence that can be used to prove your claim.

A good birth injury lawyer will take care of the many complexities of your case and never ask you to pay for justice. They should be willing to work on a basis of contingency fees which means that they only receive payment if they win your case and the amount they get is a percentage of the settlement or award you receive.