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 advancements in medical technology making it safer than ever. If you suspect your child was injured due to a birth injury, speak to an experienced birth injury lawyer immediately.

A firm that focuses on wapato birth injury lawyer injury cases is likely to cover all litigation costs, and only be paid if they obtain settlement in your case.

Damages

Although advances in medicine have made birthing safer than ever before, many mothers and their infants are at a higher danger of injury due variety reasons. This includes oxygen deprivation, head trauma and infections. These injuries can result in devastating disabilities, such as cerebral palsy. An experienced birth injury lawyer can help families get the compensation they require to cover lifelong medical treatment and support.

Your lawyer will request all relevant medical records and reports relating to your baby's injury. The attorney will also hire medical experts to review the evidence and provide an opinion regarding whether the medical professionals involved in the delivery of your baby violated the standard of care. In a typical case, an expert will examine the medical care provided by defendant to practices that are commonly used by medical experts with similar experience and training.

Damages can be awarded for both economic and non-economic losses. Economic damages can include medical expenses as well as lost income and property damage. Non-economic damages include emotional distress as well as suffering and pain. In rare cases punitive damages may also be awarded. These are meant to penalize the party at fault and discourage similar behavior in future. They are separate from compensatory damages awarded to cover actual losses.

Medical Experts

While medical advances have made childbirth safer than ever, the process is not without risk for mother and baby. It is the responsibility of the nurses and doctors who are involved in the birth to behave professionally and to avoid making mistakes that could cause devastating harm for both the baby's and mother's health. Parents can claim damages if nurses and doctors fail to act professionally during a delivery.

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

These experts will examine all the evidence, and provide an official opinion as to whether the injuries occurred by medical negligence. The lawyer will use this information to determine the best way to proceed.

If the medical expert is of the opinion that malpractice was committed, your lawyer will file a lawsuit against the responsible parties. This includes the obstetrician in charge of your pregnancy, as well as any nurses, surgeons or hospital personnel who helped during the delivery.

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

Preparing for trial

In general, a birth injury lawyer is a person who handles every case where the baby suffered injuries due to doctor negligence before, during or shortly after the birth. The lawyer will consider two factors when analyzing the case to determine if there is evidence of medical negligence and the severity of the injury.

Often, lawyers will consult with medical experts in order to determine if medical negligence led to the injury. These experts will carefully review records from the pregnancy, the child's birth and the medical treatment received for the injuries afterward. They will also be in a position to determine the effects of the injuries suffered by the child on his or her future.

The experts will assist the lawyer identify the medical providers that should be included in the lawsuit. The lawyer will then send a letter the medical providers and their insurers inquiring them to respond to the claim. A reputable birth injury lawyer will know how to negotiate with insurance companies and will be prepared to take the case to trial if needed.

Parents may be entitled to damages for future and past medical costs related to the injuries sustained by their child. They could also receive damages for their pain and suffering. These damages can be substantial particularly if the child's injuries were serious. An experienced birth injury lawyer can maximize the amount of compensation that is awarded to parents.

Insurance Companies

A lawsuit for birth injuries can't undo the damage done to your child, but it can cover future medical costs such as therapy, home improvements and ongoing support. The costs could appear overwhelming at first, but a good birth injury lawyer will work with a variety of experts to determine the financial impact of an injury on your family and the amount you are legally entitled to receive compensation for these expenses.

The first step in a birth injury lawsuit is to establish that the doctor who was involved in your case had an professional relationship with your child and you, and that they breached this relationship by acting negligently during or before the birth of your child. This can be easy to prove by obtaining your medical records and hospital bills.

Once this has been established the lawyer must determine what specific actions the doctor took that were negligent and how they affected the health of your child. A birth injury lawyer will know what to look for and how to obtain the medical records and expert witness testimony to establish your case.

A reputable birth injury lawyer will take care of the many complexities of your case. They should not require you to pay out of your pocket to seek justice. They must be able and willing to work on an hourly basis. This means that they will only get paid when they win your case and their fee is a proportion of the settlement or award.