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

While advances in medicine make childbirth safer than ever however, complications may still occur during and after the birth of a baby. If you suspect your child was injured due to a birth injury, consult an experienced birth injury lawyer immediately.

A firm that is specialized in cases involving birth injuries generally will advance all legal costs and only receive payment if they receive compensation for your case.

Damages

While medical advances made childbirth more secure than it was before but mothers and babies are still at high risk of injury for a variety reasons. These include oxygen deprivation, head trauma and infections. These injuries can lead to lasting and severe 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 related to your baby's injuries. They may also engage medical experts to analyze the evidence and give an official opinion on whether the medical personnel who delivered your baby did not follow the standards of care. In the typical scenario, an expert will assess the medical care offered by the defendant with practices that are commonly used by medical experts who have the same experience and education.

Damages may be awarded for economic and non-economic losses. Economic damages are for expenses like current and future medical bills, lost income, and property loss. Non-economic damages may include emotional distress as well as pain and suffering. In rare cases punitive damages could also be awarded. They are intended to punish the at-fault party and prevent similar conduct in the future. They are distinct from compensatory damages, which are awarded to recover actual losses.

Medical Experts

While medical advances have made childbirth safer than ever before, there are some risks for both the mother and baby. It is up to the nurses and doctors involved in the birth process to be professional and avoid mistakes that could have devastating consequences for the health of both parties. Parents can seek damages if nurses and doctors do not behave professionally during the delivery.

A birth injury lawyer will be in close contact with you throughout the duration of your case from beginning with the initial consultation until final resolution. They will collect evidence from you like witness testimonies and medical records and will also seek expert opinions from numerous sources including other specialists and doctors.

These experts will examine all the evidence and give an opinion in writing on whether the injuries occurred because of medical negligence. The lawyer will then use this information to determine the best way to proceed.

If the medical expert agrees with you that malpractice occurred your lawyer will file a lawsuit against the parties at fault. This includes the obstetrician in charge of your pregnancy as well as any surgeons, nurses or hospital staff who assisted during the birth.

Legal proceedings can be costly because of the many fees such as those for documents, expert witnesses and depositions. Your lawyer will advance these expenses and then reimburse you when they have won an agreement on your behalf.

Preparing for trial

A birth injury lawyer will take any case in which the baby was injured due to a doctor's negligence, either prior to, during, or shortly after the birth. When examining the case, the attorney will consider two things: whether or not there are any indications of medical negligence and the severity of the injury.

Often, attorneys consult with medical experts to determine if a medical error led to the injury. They will review documents from the pregnancy, the child's birth and the medical treatment given to the injuries that occurred afterward. They will also be in a position to assess the effects of the injuries sustained by the child on his or her future.

The experts will aid the lawyer in determining the medical providers who will be named as defendants in the lawsuit. The lawyer will send a letter to the medical providers and their insurers asking them to reply to the claim. A reputable birth injury lawyer will be able to negotiate with insurance companies and be prepared to go to trial if needed.

Parents may be entitled to compensation for future and past medical expenses related to their child's injuries. You may also be entitled to damages for pain and suffering. These damages can mount up, especially if the child's injuries are severe. An experienced birth injury lawyer will be able to maximize the amount of money that is awarded to parents.

Insurance Companies

Although a lawsuit for birth injuries will not reverse the damage that occurred to your child, it may pay for future medical expenses for therapy, the cost, home modifications and on-going support. These costs may seem overwhelming, but a seasoned birth injury lawyer will work with a team of experts to assess the financial impact on your family due to the injury you sustained and the amount of compensation you are entitled to.

The first step in a birth injury lawsuit is to prove that the doctor who handled your case had a professional relationship with you and your child. They must also prove that they violated this relationship by acting negligently during or before the birth injury law firm of your child. You can easily prove this by collecting your hospital bills and medical records.

Once this is established After this is established, the lawyer needs to identify the specific actions made by the doctor who was negligent and the impact they caused to your child's well-being. A birth injury lawyer will know what to look for and where to get the medical records and expert witness testimony to support your case.

A reputable birth injury lawyer will handle all the complexities of your case and will never ask you to pay out of your pocket to seek justice. They must be able to work on an ad-hoc basis. This means that they will only be paid if they win your case, and their fee is a portion of the settlement or award.