How a birth injury law firms Injury Attorney Can Help Families Get the Compensation They Need

Complications can still occur in the course of a child's birth despite advancements in medical technology that make 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 is specialized in cases involving birth injuries generally advances all costs associated with a lawsuit and only get paid when they are awarded the case.

Damages

Although advances in medicine have made childbirth a lot safer than it used to be, many mothers and babies are still susceptible to injuries due to a variety of reasons. These include oxygen deprivation head trauma, and infections. These injuries can result in devastating disabilities such as cerebral palsy. An experienced attorney for birth injuries can help families get the compensation they require to fund lifelong care and support.

Your lawyer will request all medical records and reports relevant to the injuries sustained by your baby. He or she will also employ medical experts to examine the evidence and give an official opinion as to whether the medical professionals involved in the delivery of your baby breached the standard of care. In a typical case, an expert will compare medical care provided by defendant to practices commonly accepted by medical professionals with similar experience and qualifications.

Damages can be awarded for economic and non-economic losses. Economic damages include medical costs loss of income, property damage. Non-economic damages include emotional distress as well as pain and suffering. In rare instances, punitive damages may also be awarded. They are intended to punish the party at fault and discourage similar behavior in the future. They are distinct from compensatory damages granted to recover actual losses.

Medical Experts

Even though medical advances have made childbirth more secure than ever, the procedure remains a risky one for both mother and child. It is the responsibility of the doctors and nurses who are involved in the birth to act professionally, and to avoid making mistakes that can have devastating consequences for both baby and mother's health. If they fail to do so and cause birth injuries parents may seek compensation for their damages.

An attorney for birth injuries will be in close contact with you for the duration of your case from beginning with the initial consultation until final resolution. They will collect evidence from you, such as witness testimony and medical records. They will also obtain expert opinions from other sources like doctors and specialists.

These experts will review all evidence and provide an official opinion on whether the injuries are due to medical negligence. The lawyer will then use this to decide how best to proceed.

If the medical professional believes that a malpractice occurred your lawyer will file a lawsuit against the parties at fault. This includes the obstetrician who was in charge of your pregnancy, any surgeons, nurses or hospital staff who assisted during the delivery.

The cost of a lawsuit can be high due to the numerous fees, including the cost of records, expert witnesses and depositions. Your lawyer will advance these costs and pay you back once they have negotiated settlement on your behalf.

Prepare for Trial

In general, a birth injuries lawyer is a person who handles any case where the baby suffered injuries due to doctor negligence before or shortly after birth. The attorney will look at two things when reviewing the case in determining whether there is evidence of medical negligence, and how serious the injury.

Often, the attorneys will consult with medical experts in order to determine whether medical malpractice caused the injury. Experts will carefully review records from the pregnancy, birth of the child and the medical treatment given to the injuries afterward. They will also be able assess the impact of the injuries on the child as well as their future.

The experts will aid the lawyer in determining the medical providers to be named as defendants in the lawsuit. The lawyer will send a letter to the medical providers and their insurance companies inquiring them to respond to the claim. A reputable attorney for birth injuries will be able to negotiate with insurance companies and be prepared to go to trial should it be necessary.

Parents could be entitled to compensation for future and past medical expenses that result from their child's injuries. You could also be entitled to compensation for your pain and suffering. These damages can mount up particularly if the child's injuries are serious. An experienced attorney for birth injuries can help maximize the amount of compensation that is given to parents.

Insurance Companies

Although a lawsuit for birth injuries can't reverse the harm done to your child, it could pay for future medical expenses, the cost of therapy, home modifications, and ongoing support. These costs may seem daunting, but a skilled birth injury lawyer will collaborate with a variety of experts to determine the financial effects on your family from an injury, and how much compensation you are entitled to.

The first step in a birth injury lawsuit is to prove that the doctor who was involved in your case had a professional relationship with you and your child and that they violated that relationship by acting negligently either prior to or after the child's birth. You can easily prove this by obtaining your medical bills and hospital bills.

Once this is established after this is established, the lawyer must identify the specific actions performed by the doctor who were negligent and the impact they had on the health of your child. An attorney for birth injuries will know what to look for and where to get the medical documentation and expert witness testimony to establish your case.

A good birth injury lawyer will take care of the details of your case and will never ask you to pay for justice. They should be able to work on a contingency basis, meaning that they only receive payment if they win your case and the amount they get is a percentage of the settlement or award you receive.