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

Although advances in medicine make births more secure than ever however, complications can still happen during and after the birth of a baby. If you believe your child suffered an unavoidable birth injury, consult an experienced attorney for birth injuries right away.

A firm that focuses on birth injury cases will typically advance all litigation expenses and only pay if they obtain the case and receive compensation.

Damages

While advances in medicine have made childbirth much safer than it used to be but many mothers and their babies are still at risk of injuries resulting from a variety reasons. This includes oxygen deprivation, head trauma, and infections. These injuries can result in long-lasting and devastating disabilities such as cerebral palsy. An experienced birth injury lawyer can assist families in obtaining the compensation they require to fund lifelong care and support.

Your attorney will ask for all relevant medical records and reports relating to your baby's injuries. They will also employ medical experts to analyze the evidence and provide an official opinion as to whether the medical experts involved in your baby's birth breached the standard of care. In a typical case, an expert will examine the medical care provided by the defendant to the standard practices used by other medical professionals who have similar qualifications and experience.

Damages may be awarded for economic and non-economic losses. Economic damages include medical costs as well as lost income and property damage. Non-economic damages could include emotional distress as well as suffering and pain. In rare cases punitive damages can also be awarded. These are intended to punish the party responsible and discourage similar behavior in the future. These are separate from the compensation damages that are granted to recover actual losses.

Medical Experts

Although medical advances have made childbirth safer than ever before, the process still involves some risk for both mother and child. It is the responsibility of doctors and nurses involved in a delivery to behave professionally and avoid making mistakes that could result in devastating consequences for the health of both parties. Parents can be able to sue for damages if the nurses and doctors fail to behave appropriately during the delivery.

From the initial consultation up to the final resolution A birth injury lawyer will be closely involved in your case. They will gather evidence from you such as witness testimonies and medical records as well as seek expert opinions from numerous sources including other specialists and doctors.

The experts will examine the evidence and give a formal opinion as to whether the injuries resulted from negligence on the part of a medical professional. The lawyer will then use this to decide how best to proceed.

If a medical professional agrees with you that malpractice occurred the lawyer will bring suit against the parties responsible. This includes the obstetrician in charge of your pregnancy, and any surgeons, nurses or hospital personnel who were involved in the delivery.

Lawsuits can be expensive because of the many costs, such as those for documents, expert witnesses and depositions. Your lawyer will cover these expenses, and reimburse you once they have settled your case.

Preparing for the Trial

Generally, a birth injury lawyer is a person who handles every case where the infant suffered injuries caused by negligence of a doctor prior, during or shortly after delivery. The lawyer will examine two things when reviewing the case whether there is evidence of medical negligence, and how severe the injury.

Often, lawyers will consult with medical experts to determine if a medical error caused the injury. They will look over all records related to the pregnancy, childbirth and medical treatment for injuries. They will also be able to examine the effects of the injuries on the child as well as the future of the child.

The experts will help the lawyer determine which medical providers should be named in the lawsuit. The lawyer will send a letter to the medical providers and their insurance companies asking them to reply to the lawsuit. A reputable birth injury lawyer will know how to work with insurance companies and be prepared to take on trial if necessary.

Parents may be entitled for damages for past and future medical expenses related to the injuries sustained by their child. They could also be awarded damages for pain and suffering. These damages can be significant when the child's injuries were severe. A skilled birth injury lawyer will maximize the amount of compensation given to parents.

Insurance Companies

A lawsuit for birth injuries can't undo the damage done to your child but it could help cover future medical costs, therapy, home modifications and ongoing support. These costs may appear overwhelming at first, however, a reputable birth injury lawyer will collaborate with several experts to estimate the financial impact of a particular accident on your family and the amount you are entitled to be compensated for these costs.

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

Once this is established after this is established, the lawyer must identify the specific actions taken by the doctor that were negligent and the effect they affected your child's health. A birth injury lawyer will know what to look for and where to obtain the medical evidence and expert witness testimony needed to prove your case.

A competent birth injury attorney can handle the entire complexity of your case and should never require you to pay out of your pocket to seek justice. They must be able and willing 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 of the settlement or award.