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

Although advances in medicine make childbirth safer than ever but complications can still occur after the birth of an infant. If you suspect your child suffered from a preventable birth injury, consult an experienced birth injury attorney right away.

A firm that is specialized in cases involving birth injuries generally advances all legal costs and only be paid if they win compensation for your case.

Damages

Although advances in medicine have made childbirth safer than ever before, many mothers and their infants are still at a high risk of injury due to variety reasons. The lack of oxygen and head trauma are among the most frequent. These injuries can cause devastating disabilities, such as cerebral palsy. A good birth injury attorney can help families receive the compensation they require to cover lifelong medical treatment and support.

Your lawyer will request all medical records and reports that relate to the injuries sustained by your baby. The attorney may employ medical experts to review the evidence and give an official opinion as to whether the medical personnel who delivered your baby violated the standards of care. In the typical scenario, an expert will compare medical care offered by the defendant with practices typically accepted by medical professionals who have the same experience and education.

Damages can be awarded for economic and non-economic losses. Economic damages may include medical expenses loss of income, property damage. Non-economic damages include emotional distress as well as pain and suffering. In rare circumstances, punitive damages may also be awarded. They are designed to punish the responsible party and discourage similar behavior in future. They differ from compensatory damages, which are awarded to recover actual loss.

Medical Experts

While medical advances have made childbirth safer than ever, the procedure remains a risky one for both mother and child. It is the responsibility of nurses and doctors involved in the delivery to behave in a professional manner, and to avoid making mistakes which could result in devastating consequences for both baby and mother's health. If they fail to do so and cause a birth injury parents may be able to claim compensation for the damage.

A birth injury attorney will work closely with you for the duration of your case, beginning from the initial consultation to the final resolution. They will collect evidence from you, including witness testimony and medical records. They will also solicit expert opinions from other sources like doctors and specialists.

They will look over all evidence and provide an official opinion as to whether the injuries are due to medical negligence. The lawyer will then use this to determine how to proceed.

If the medical expert agrees with you that malpractice was committed Your lawyer will file a lawsuit against the parties responsible. This typically includes the obstetrician responsible for your pregnancy and delivery and any nurses or surgeons who helped during the delivery and the hospital in which the birth took place.

The costs of a lawsuit can be high due to the cost for expert witnesses, evidence, and depositions. Your lawyer will cover these costs and then reimburse you once they have negotiated an agreement on your behalf.

Preparing for Trial

Generally, a birth injury lawyer is a person who handles every case where the infant was injured because of negligence by a doctor before, during or shortly after delivery. The lawyer will take into consideration two aspects when analyzing the case whether there evidence of medical negligence, and how serious the injury.

Attorneys often consult with medical experts to determine whether the injury was caused by medical malpractice. They will look over all documentation related to pregnancy, childbirth and medical treatment for injuries. They will also be able to assess the effect of the injuries suffered by the child on their future.

The experts will help the lawyer determine the medical providers who will be named as defendants in the lawsuit. The lawyer will send a letter to the medical providers and their insurance companies and ask them to respond to the lawsuit. A good birth injury attorney will be able to negotiate with insurance companies and be prepared to make the case go to trial if needed.

Parents may be entitled to compensation for future and past medical expenses related to the injuries suffered by their child. You may also receive damages for the pain and suffering you have endured. These damages can be significant when the child's injuries are severe. A good birth injury attorney will be able to maximize the amount of money given to parents.

Insurance Companies

Although a lawsuit for birth injuries will not reverse the damage that occurred to your child, it can pay for future medical expenses, the cost of therapy, home modifications, and ongoing support. The costs could seem overwhelming, but an experienced birth injury lawyer will work with several experts to determine the financial impact on your family's finances from an injury, and how much compensation you are entitled to.

To file a claim for birth injuries, you must first prove that your doctor and your child shared an professional relationship, and that they breached that relationship by acting negligently before or during the time of your child's birth. This may be easy to prove through the collection of your medical documents and hospital bills.

Once this is established, the lawyer will have to identify what specific actions the doctor performed that were negligent and how they affected your child's health. A birth injury lawsuit injury attorney will know what to look for and how to obtain the medical documentation and expert witness testimony to demonstrate your case.

A good birth injury attorney will take care of the many complexities of your case and should never require you to pay out of your pocket to seek justice. They should be able and willing to work on an hourly basis. This means they will only get paid when they win your case and their fee is a portion of the settlement or award.