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

Complications are still possible during and after a child's birth despite advances in medical technology making it safer than ever. If you believe your child suffered a preventable birth injury, consult an experienced birth injury attorney immediately.

A firm specializing in birth injuries will typically finance all litigation costs and only be paid if they win settlement in your case.

Damages

While medical advances made childbirth safer than ever before, many mothers and their infants are still at a high danger of injury due variety of reasons. These include oxygen deprivation head trauma and infections. These injuries can cause devastating disabilities like cerebral palsy. A good birth injury attorney will assist families to receive the compensation they need to cover the cost of lifelong treatment and care.

Your attorney will seek all relevant medical records and reports relating to the baby's injury. The attorney will also employ medical experts to examine the evidence and provide an opinion regarding whether the medical personnel involved in the birth of your baby breached the standard of care. In a typical case an expert will compare medical care offered by the defendant with practices typically accepted by medical experts with similar training and experience.

Damages may be awarded for economic and non-economic losses. Economic damages can include medical expenses, lost income and property damage. Non-economic damages could include emotional distress as well as suffering and pain. In rare circumstances, punitive damages may also be awarded. They are designed to punish the person who is at fault and discourage similar conduct in the future. They are distinct from compensatory damages that are awarded to recover actual losses.

Medical Experts

Even though medical advances have made childbirth safer than ever, the procedure still involves some risk for both mother and child. It is the responsibility of the nurses and doctors who are involved in the birth to behave in a professional manner, and to avoid making mistakes which could result in devastating consequences for both the baby's and mother's health. If they fail to do this and cause birth injuries parents may be able to seek compensation for their losses.

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

The experts will go over all the evidence and give an opinion in writing on whether the injuries were due to medical negligence. This will be used by the lawyer to decide how to proceed.

If the medical professional agrees that malpractice was committed and your lawyer files a lawsuit against the guilty parties. This typically consists of the obstetrician who was in charge of your pregnancy and delivery as well as any surgeons or nurses who assisted in the delivery as well as the hospital where the birth took.

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

Preparing for the Trial

In general, a birth injuries lawyer will take on every case where the infant was injured due to doctor negligence before or shortly after the birth. The attorney will look at two factors when analyzing the case whether there is evidence of medical negligence and birth injury attorney how serious the injury.

Attorneys frequently consult with medical experts to determine if the injury was the result of medical malpractice. 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 to assess the effect of the injuries sustained by the child on their future.

The experts will assist the lawyer in identifying the medical providers who will be named as defendants in the lawsuit. The lawyer will write an email to the medical providers and insurers to respond to the claim. A good birth injury attorney will know how to negotiate with insurance companies and be prepared to take the case to trial if necessary.

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

Insurance Companies

Although a lawsuit for birth injuries will not reverse the damage that occurred to your child, it could be used to pay for future medical expenses, the cost of therapy, home modifications and on-going support. These costs may seem overwhelming, but an experienced birth injury lawyer will collaborate with a variety of experts to determine the financial impact on your family of the injury you sustained and the amount of compensation you are entitled to.

To make a claim for birth injury it is necessary to prove that your doctor and your child have an professional relationship, and that the doctor violated this relationship by not acting appropriately prior to or during your child's birth. It is easy to prove this by obtaining your medical records and hospital bills.

Once this is established after this is established, the lawyer must identify the specific actions made by the doctor that were negligent and the effect they affected your child's health. A birth injury attorney will know what to look for birth injury attorney and where to get the medical records and expert witness testimony to demonstrate your case.

A good birth injury attorney will take care of all the complexities of your case. They should never require you to pay out of your pocket to seek justice. They should work on a contingency basis which means that they only get paid if they win your case. The amount they receive is a percentage of the settlement or award you receive.