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

There are still complications that can occur in the course of a child's birth, despite medical advances making it safer than ever. If you suspect your child suffered an unavoidable birth injury, contact an experienced birth injury lawyer immediately.

A firm that concentrates on birth injury law firm injuries will typically advance all litigation expenses and only pay when they are successful in winning settlement in your case.

Damages

Although advances in medicine have made childbirth safer than it used to be however, many mothers and infants are still at risk for injuries from a variety of reasons. Oxygen deprivation and head trauma are among the most common. These injuries can result in permanent and devastation to the body, including cerebral palsy. An experienced birth injury lawyer will assist families to receive the compensation they need to cover the cost of lifelong treatment and support.

Your attorney will request all relevant medical records and reports relating to your baby's injury. He or she will also engage medical experts to examine the evidence and provide an opinion regarding whether the medical professionals involved in your baby's delivery did not meet the standards of care. In a typical instance, an expert will examine the medical treatment provided by the defendant to the standard practices used by other medical professionals with similar experience and training.

Economic and non-economic damages may be awarded. Economic damages may include medical expenses, lost income and property damage. Non-economic damages include emotional distress, suffering and pain. In rare instances, punitive damages are also awarded. They are intended to punish the person who is at fault and discourage similar behaviour in the future. These are separate from the compensatory damages which are given to compensate for actual losses.

Medical Experts

While medical advances have made childbirth more safe than ever before, there remain certain risks for both mother and baby. It is the responsibility of nurses and doctors involved in the birth to act professionally, and to avoid mistakes that could cause devastating harm for both mother and baby's health. When they fail to follow through and cause birth injuries, parents can claim compensation for the damage.

A birth injury lawyer will work closely with you throughout the entire duration of your case, from the initial consultation to the final resolution. They will collect evidence from you like witness statements and medical records and will also seek expert opinions from a variety of sources including other doctors and specialists.

These experts will review the evidence and offer a formal opinion as to whether the injuries were caused by medical negligence. The lawyer will use this to determine how to proceed.

If the medical expert is of the opinion that there was a malpractice, your lawyer will file an action against the accountable parties. This includes the obstetrician who was in charge of your pregnancy, and any surgeons, nurses or hospital personnel who were involved in the delivery.

The costs of a lawsuit are high due to the cost for expert witnesses, records, and depositions. Your lawyer will cover these expenses, and reimburse you after they have settled your case.

Prepare for trial

A birth injury lawyer will take any case in which the baby suffered injuries due to doctor negligence, either prior to, during, or shortly after the birth. The lawyer will take into consideration two things when reviewing the case in determining whether there is evidence of medical negligence, and how severe the injury.

Attorneys often consult with medical experts to determine if the injury was caused by medical negligence. They will look over all documents related to 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 help the lawyer to determine which medical providers should be named in the lawsuit. The lawyer will then send a letter to the medical providers and their insurers asking them to respond to the claim. A reputable birth injury lawyer will be able to negotiate with the insurance companies and will be prepared to make the case go to trial if necessary.

Parents may be entitled to damages for medical expenses resulting from the injuries suffered by their child. You may also be entitled to damages for the pain and suffering you have endured. These damages can be significant particularly if the child's injuries were severe. An experienced birth injury lawyer can maximize the amount of money given to parents.

Insurance Companies

Although a lawsuit for birth injury lawsuit injuries will not reverse the damage that occurred to your child, it may help pay for future medical expenses and the cost of therapy as well as home modifications and ongoing support. These expenses may seem daunting, but a skilled birth injury lawyer will work with several experts to determine the financial effects on your family from a specific injury and the amount of compensation you are entitled to.

To make a claim for birth injury, you must first prove that your doctor and your child have an official relationship and that they breached that relationship by committing a negligent act prior to or during the time of your child's birth. You can easily demonstrate this by looking up your medical records and hospital bills.

Once this has been established the lawyer needs to identify the specific actions the doctor made that were negligent and how these affected your child's health. A birth injury lawyer will know what to look for and where to get the medical evidence and expert witness testimony needed to demonstrate your case.

A reputable birth injury lawyer will take care of the many complexities of your case and should never ask you to pay out of pocket to pursue justice. They should be willing to work on a contingency fee basis which means they only be paid if they succeed in winning your case and the amount they get is a percentage of the settlement or award you receive.