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 an infant. If you suspect that your child has suffered a birth injury that could have been prevented from happening, consult a birth injury lawyer immediately.

A firm that focuses on birth injuries will typically advance all litigation expenses and only be compensated if they obtain the case and receive compensation.

Damages

While medical advances made birthing safer than ever before however, birth injury lawsuit mothers and their babies are still at high risk of injury for a variety reasons. These include oxygen deprivation, head trauma and infections. These injuries can cause permanent and traumatic disabilities such as cerebral palsy. An experienced birth injury lawyer can help families receive the compensation they require to cover lifelong medical treatment and Birth injury lawsuit support.

Your lawyer will request all medical records and other reports pertaining to the injury of your baby. He or she will also engage medical experts to analyze the evidence and give an official opinion as to whether the medical personnel involved in the delivery of your baby violated the standard of care. In a typical case an expert will evaluate the medical treatment offered by the defendant with practices that are commonly used by medical experts with similar experience and training.

Non-economic and economic damages can be awarded. Economic damages include medical costs as well as lost income and property damage. Non-economic damages could include emotional distress and suffering. In rare circumstances, punitive damages can also be awarded. They are designed to punish the responsible party and deter similar behavior in the future. They differ from compensatory damages that are awarded to recover actual loss.

Medical Experts

While advances in medicine have made childbirth safer than ever before, there remain certain risks for both mother and baby. It is the responsibility of nurses and doctors involved in the delivery to behave professionally and to avoid making mistakes that could have disastrous consequences for both mother and baby's health. Parents can seek damages if doctors and nurses fail to act professionally during the delivery.

A birth injury lawyer will be in close contact with you for the duration of your case, starting from the initial consultation to the final resolution. They will collect evidence from you, such as witness statements and medical records and also get expert opinions from numerous sources including other specialists and doctors.

The experts will go over all the evidence, and provide an official opinion as to whether the injuries are because of medical negligence. This will be utilized by the lawyer to decide on the best way to proceed.

If the medical professional agrees that malpractice was committed and your lawyer files a lawsuit against the responsible parties. This typically includes 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 are high due to the fees for expert witnesses, records and depositions. Your lawyer will pay for these expenses, and reimburse you after they have settled your case.

Preparing for the Trial

A birth injury lawyer will work any case in which the baby was injured due to a doctor's negligence, prior to or during or shortly after delivery. The attorney will look at two factors when analyzing the case to determine if there evidence of medical negligence and how severe the injury is.

Attorneys often consult with medical experts to determine if the injury was the result of medical malpractice. These experts will carefully review records from the pregnancy, birth of the child and the medical treatment for the injuries later. They will also be able assess the impact of the injuries on the child and the future of the child.

The experts will help the lawyer determine which medical professionals should be included in the lawsuit. The lawyer will issue an email asking the medical providers and insurers to respond to the claim. A reputable birth injury lawyer will be able to negotiate with the insurance companies and will be prepared to go to trial should it be necessary.

Parents may be entitled to damages for past and future medical costs related to the injuries suffered by their child. Additionally, you could be awarded damages for the pain and suffering you have endured. These damages can be substantial, especially if a child's injuries were serious. A skilled birth injury lawyer will be able to maximize the amount of money given to parents.

Insurance Companies

While a birth injury lawsuit will not reverse the damage that occurred to your child, it can be used to pay for future medical expenses and the cost of therapy, home modifications and on-going support. These costs may seem overwhelming, but a seasoned birth injury attorneys injury lawyer will work with a number of experts to determine the financial effects on your family from a specific injury and the amount of compensation you are entitled to.

The first step in a birth injury lawsuit is to prove that the doctor in your case had a professional relationship with your child and you, and that they violated the relationship by acting negligently before or during the child's birth. You can easily prove this by collecting your medical bills and hospital bills.

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

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