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

There are still complications that can occur during and after the birth of a baby despite the advancements in medicine making it safer than ever. If you suspect that your child suffered an unavoidable birth injury, speak to an experienced birth injury attorney immediately.

A firm that is specialized in birth injury cases will generally advance the entire cost of a lawsuit. They will only be paid if they receive compensation for your case.

Damages

While medical advances have made birthing safer than ever before, many mothers and their infants are still at a high danger of injury due number of reasons. The lack of oxygen and head trauma are among the most common. These injuries can result in lasting and severe disabilities, including cerebral palsy. A good birth injury attorney can help families receive the compensation they need to cover the cost of lifelong treatment and support.

Your lawyer will request all medical records and reports related to the injury suffered by your baby. He or she will also hire medical experts to analyze the evidence and give an opinion regarding whether the medical experts involved in your baby's birth violated the standard of care. In a typical case, an expert will evaluate the medical treatment offered by the defendant with practices typically accepted by medical professionals with similar experience and training.

Non-economic and economic damages can be awarded. Economic damages may include medical expenses, lost income and property damage. Non-economic damages include emotional distress as well as pain and suffering. In some cases, punitive damages are also awarded. They are intended to punish the person responsible and deter similar behavior in the future. They differ from compensatory damages which are awarded to recover the actual loss.

Medical Experts

Even though medical advances have made childbirth safer than ever, the procedure is not without risk for mother and baby. It is the responsibility of nurses and doctors involved in the delivery to act professionally, and to avoid making mistakes that can have devastating consequences for both the baby and mother's health. If they fail to do so and cause a birth injury, parents can claim compensation for the damage.

A birth injury attorney will be in close contact with you throughout the duration of your case, beginning from the initial consultation to the final resolution. They will collect evidence from you, including medical records and witness testimony as well as seek expert opinions from many sources, including other doctors and specialists.

The experts will go over all the evidence and provide an opinion in writing on whether the injuries were caused because of medical negligence. This will be used by the lawyer to decide the best way to proceed.

If the medical expert confirms that a mistake occurred the lawyer will bring suit against the accountable parties. This typically includes the obstetrician responsible for the delivery and pregnancy and any nurses or surgeons who assisted in the delivery, as well as the hospital where the birth occurred.

The cost of a lawsuit can be high due to the numerous fees, including the cost of documents, expert witnesses, and depositions. Your lawyer will cover these costs, and then reimburse you after they have settled your case.

Preparing for a trial

Generally, a birth injury lawyer will take on any case where the infant suffered injuries because of negligence by a doctor before or shortly after the birth. When reviewing the case the lawyer will take into consideration two things: whether or not there are any evidences of medical negligence, as well as the extent of the injury.

Attorneys often consult medical experts to determine whether the injury was caused by medical malpractice. These experts will review all records related to the pregnancy, childbirth, and medical treatment for injuries. They will also be in a position to assess the effects of the injuries suffered by the child on his or her future.

The experts will assist the lawyer in determining which medical providers are to be named as defendants in the lawsuit. The lawyer will then send an email asking the medical providers and insurers to respond to the claim. A good birth injury attorney will know how to negotiate with the insurance companies and be ready to take the case to trial should it be necessary.

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

Insurance Companies

While a birth injury lawsuit can't reverse the harm done to your child, it can pay for future medical expenses as well as the cost of therapy or home modifications as well as ongoing support. These costs may seem overwhelming at first but a competent birth injury lawyer will work with multiple experts to assess the financial impact of a particular injury on your family, and what amount you are legally entitled to receive compensation for these costs.

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 your child and you, and that they breached that relationship by acting negligently prior to or during the birth of your child. It is easy to prove this by obtaining your medical bills and hospital bills.

Once this is established the lawyer needs to determine the specific actions that the doctor took that were negligent and how these affected your child's health. A birth injury attorneys injury attorney will know what to look for and how to obtain the medical documentation and expert witness testimony to prove your case.

A good birth injury attorney will take care of the many complexities of your case. They will never require you to come out of your pocket to seek justice. They must be able to work on an ad-hoc basis. This means that they will only get paid when they win your case and their fee is a percentage from the settlement or award.