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

Complications can still occur in the course of the birth of a child despite advancements in medical technology making it safer than ever. If you believe your child suffered a preventable birth injury, you should contact an experienced attorney for birth injuries immediately.

A firm that focuses on birth injury cases will usually finance all litigation costs and only pay if they obtain the case and receive compensation.

Damages

While medical advances have made childbirth more secure than it was before however, mothers and their infants are at a higher risk of injury due to a number of reasons. This includes oxygen deprivation, head trauma and infections. These injuries can lead to lasting and severe disabilities such as cerebral palsy. A good birth injury attorney can assist families in obtaining the compensation they require to pay for lifelong treatment and support.

Your lawyer will request all medical records and other reports pertaining to the injuries sustained by your baby. The attorney will also engage medical experts to review the evidence and give a formal opinion about whether the medical personnel involved in the birth of your baby violated the standard of medical care. In a typical instance, an expert will assess the medical treatment offered by the defendant with the practices that are commonly used by other medical professionals with similar education and experience.

Damages can be awarded for both economic and non-economic losses. Economic damages include medical expenses as well as lost income and property damage. Non-economic damages may include emotional distress and pain and suffering. In some cases, punitive damages can also be awarded. They are designed to punish the party at fault and discourage similar behaviour in the future. These are separate from the compensatory damages that are granted to recover actual losses.

Medical Experts

While medical advances have made childbirth more secure than ever, the process remains a risky one for mother and baby. It is up to the doctors and nurses who are involved in the delivery to be professional and avoid making mistakes which could have catastrophic consequences for the health of both parties. Parents can claim damages if doctors and nurses fail to act professionally during a delivery.

A birth injury lawyer will work closely with you throughout the course of your case, starting from the initial consultation until the final resolution. They will collect evidence from you, including witness testimony and medical records. They will also get expert opinions from other sources like doctors and specialists.

These experts will review the evidence and provide an official opinion on whether the injuries were the result of medical negligence. This will be utilized by the lawyer to decide what to do next.

If a medical professional believes that a malpractice occurred, your lawyer will file a suit against the responsible parties. This typically consists of the obstetrician who was in charge of the delivery and pregnancy and any nurses or surgeons who assisted during the delivery as well as the hospital where the Maine birth injury Law firm took.

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

Preparing for Trial

Typically, a birth injury lawyer will consider any case where the infant suffered injuries caused by negligence of a doctor prior or shortly after the birth. The attorney will look at two things when reviewing the case to determine if there evidence of medical negligence and the severity of the injury.

Attorneys frequently consult with medical experts to determine whether the injury was the result of medical negligence. They will look over all records related to the pregnancy, childbirth and medical treatment for injuries. They will also be able analyze the effects of injuries on the child as well as his or her future.

The experts will assist the lawyer in identifying which medical professionals are to be named as defendants in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurers asking them to respond to the lawsuit. A reputable attorney for birth injuries will know how to negotiate with insurance companies and be ready to go to trial should it be necessary.

Parents could be entitled to compensation for medical expenses related to the injuries sustained by their child. They may also be awarded damages for suffering and pain. These damages can mount up, especially if the child's injuries are serious. An experienced birth injury lawyer will be able to maximize the compensation awarded to the parents.

Insurance Companies

A birth injury lawsuit won't repair the harm caused to your child, but it could help cover future medical costs therapies, home modifications and ongoing support. The costs could seem overwhelming, but an experienced birth injury lawyer will work with a team of experts to assess the financial impact on your family due to an injury, and the amount of compensation you are entitled to.

The first step in a birth injury claim is to prove that the doctor who was involved in your case had an established professional relationship with you and your child. They must also prove that they breached the relationship by acting negligently prior to or during your child's delivery. You can easily prove this by obtaining your medical records and hospital bills.

After this is established the lawyer must determine what specific actions the doctor took that were negligent and how these impacted your child's health. A fountain valley birth injury lawsuit injury lawyer will know what to look for and where to obtain the medical evidence and expert witness testimony to demonstrate your case.

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 must be able to work on the basis of a contingent fee. This means that they only be paid if they win your case, and their fee is a portion of the settlement or award.