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

Complications can still occur during and after the birth of a child despite the advancements in medicine that make it safer than ever. If you suspect that your child has suffered a birth injury that could have been prevented by contacting a birth injury lawyer right away.

A firm that specializes in birth injury cases generally will advance all legal costs and only get paid when they are awarded the case.

Damages

While advances in medicine have made childbirth a lot safer than it was previously, many mothers and babies are still at risk for injuries due to a variety of reasons. Trauma to the head and oxygen deprivation are among the most common. These injuries can result in lasting and severe disabilities such as cerebral palsy. A skilled lawyer for birth injury attorneys injuries can assist families in obtaining an award for the lifelong medical and treatment they require.

Your lawyer will request all relevant medical records and reports relating to the baby's injury. He or she may employ medical experts who will review the evidence and provide an official opinion as to whether the medical personnel who delivered your baby did not follow the standard care. In a typical case, an expert will examine the medical care provided by defendant to practices typically accepted by medical experts with similar experience and training.

Damages may be awarded for firm economic and non-economic losses. Economic damages cover costs like current and future medical bills, lost income, and property loss. Non-economic damages include emotional distress, pain and suffering. In some cases, punitive damages are also awarded. These are intended to punish the party at fault and deter similar behavior in the future. They are separate from compensation damages that are given to compensate for actual losses.

Medical Experts

Although advances in medicine have made childbirth more safe than ever before, there remain some risks for both the mother and baby. It is up to the doctors and nurses involved in the birth process to behave in a professional manner and avoid mistakes which could have catastrophic consequences for the health of both parties. If they fail to follow through and cause birth injuries parents may claim compensation for the damage.

From the initial consultation to the final resolution A birth injury lawyer will closely assist you with your case. They will collect evidence from you, such as witness testimony and medical records. They will also seek expert opinions from other sources such as doctors and specialists.

They will look over the evidence and provide a formal opinion as to whether the injuries resulted from negligence on the part of a medical professional. This will be utilized by the lawyer to determine how to proceed.

If the medical expert confirms that a mistake was committed the lawyer will file suit against the accountable parties. This typically includes the obstetrician in charge of your pregnancy and delivery and any nurses or surgeons who assisted in the delivery as well as the hospital where the birth took place.

The cost of a lawsuit could be high due to the cost for expert witnesses, documents, and depositions. Your lawyer will cover these expenses, and firm reimburse you after they have settled your case.

Prepare for Trial

A birth injury lawyer will take any case in which the baby was injured as a result of doctor negligence, prior to or during or shortly after the birth. The lawyer will consider two factors when analyzing the case: whether there evidence of medical negligence, and how serious the injury.

Attorneys frequently consult with medical experts to determine if the injury was caused by medical negligence. The experts will carefully examine documents from the pregnancy, birth of the child and the medical treatment that was received for the injuries that occurred afterward. They will also be able to determine the effects of the injuries suffered by the child on his or her future.

The experts will help the lawyer to determine which medical professionals should be named in the lawsuit. The lawyer will send a letter to the medical providers and their insurers and ask them to respond to the lawsuit. A skilled birth injury attorney will be able to negotiate with insurance companies and will be prepared to bring the case to trial if needed.

Parents may be entitled to damages for future and past medical expenses resulting from their child's injuries. You may also receive damages for your pain and suffering. These damages can mount up, especially if the child's injuries are serious. A skilled birth injury lawyer can increase the amount of money awarded to parents.

Insurance Companies

Although a lawsuit for birth injuries cannot undo what happened to your child, it could pay for future medical expenses as well as the cost of therapy as well as home modifications and ongoing support. These costs may appear overwhelming at first, but a competent birth injury lawyer will work with a variety of experts to determine the financial impact of any accident on your family and how much you are entitled to compensation for these costs.

To file a claim for birth injury you must first establish that your doctor and your child have a professional relationship and that they breached that relationship by not acting appropriately prior to or during your child's birth. This may be easy to prove by obtaining your medical records and hospital bills.

Once this has been established the lawyer will need to determine what specific actions the doctor made that were negligent and how these impacted the health of your child. A birth injury lawyer can help you locate the medical documentation, expert witness testimony and other evidence necessary to prove your claim.

A good birth injury lawyer will take care of the many complexities of your case and will not require you to pay out of pocket to pursue justice. They should work on a contingency basis which means they only get paid if they win your case. The amount they receive is a percentage of the settlement or award you receive.