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

Although medical advances make childbirth more secure than ever before however, complications may still occur after the birth of an infant. If you suspect that your child suffered an injury during birth that could have been prevented, contact a birth injury lawyer right away.

A firm that concentrates on birth injury cases will usually pay for all litigation costs and only pay when they are successful in winning settlement in your case.

Damages

While medical advances made childbirth more secure than it was before but many mothers and their infants are at a higher risk of injury due to number of reasons. The lack of oxygen and head trauma are among the most common. These injuries can cause catastrophic disabilities such as cerebral palsy. A skilled birth injury lawyer will help families obtain compensation for the lifetime medical and treatment they require.

Your lawyer will request all relevant medical records and reports related to your baby's injuries. He or she may also hire medical experts to analyze the evidence and provide an official opinion on whether the medical personnel who delivered your baby have violated the standard of care. In a typical case an expert will assess the medical treatment provided by the defendant to the practices commonly accepted by other medical professionals with similar training and experience.

Economic and non-economic damages can be awarded. Economic damages cover expenses such as current and future medical bills, lost income, and property loss. Non-economic damages could include emotional distress and suffering. In rare instances, punitive damages may also be awarded. These are intended to punish the at-fault party and deter similar behavior in the future. These are separate from the compensatory damages awarded to recover actual losses.

Medical Experts

Although advances in medicine have made childbirth more safe than ever before, there are still some risks for both the mother and baby. It is the responsibility of nurses and doctors involved in the delivery to behave in a professional manner, and to avoid mistakes that could cause devastating harm for both mother and baby's health. Parents can claim damages if doctors and nurses fail to act professionally during a delivery.

A birth injury lawyer will be in close contact with you throughout the entire duration of your case from the initial consultation through to the final resolution. They will collect evidence from you like medical records and witness testimony, and also obtain expert opinions from many sources, including other specialists and doctors.

They will look over all evidence and provide an official opinion as to whether the injuries occurred due to medical negligence. The lawyer will use this to decide on the best way to proceed.

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

The cost of a lawsuit can be high as a result of the many fees such as those for documents, expert witnesses and depositions. Your lawyer will pay for these costs, and then reimburse you once they have settled your case.

Preparing for a trial

In general, a birth injury lawyer will consider every case where the infant suffered injuries because of negligence by a doctor before, during or shortly after delivery. When reviewing the case the attorney will consider two things: whether or not there are any evidences of medical negligence and the extent of the injury.

Attorneys frequently consult with medical experts to determine if the injury was the result of medical malpractice. They will review records from the pregnancy, the child's birth and the medical treatment for the injuries afterward. They will also be in a position to determine the effects of the injuries sustained by the child on his or her future.

The experts will help the lawyer determine which medical professionals should be included in the lawsuit. The lawyer will issue an email asking the medical providers and insurers to respond to the claim. A good birth injury lawyer will know how negotiate with insurance companies, and be ready to take on trial if required.

Parents could be entitled to compensation for past and future medical expenses related to the injuries sustained by their child. You may also receive damages for the pain and suffering you have endured. These damages could be substantial particularly if the child's injuries were serious. An experienced birth injury lawyer can maximize the compensation paid to the parents.

Insurance Companies

While a birth injury law firms injury lawsuit cannot undo what happened to your child, it could be used to pay for future medical expenses, the cost of therapy, home modifications and on-going support. These costs may seem overwhelming at first but a competent birth injury lawyer will work with a variety of experts to assess the financial impact of a specific accident on your family and how much you are legally entitled to receive compensation for these costs.

To submit a claim for birth injury first, you must prove that your doctor and your child shared an established professional relationship and the doctor violated this relationship by failing to act properly prior to or during the birth of your child. This can be easy to prove through the collection of your medical documents and hospital bills.

Once this is established the lawyer needs to identify what specific actions the doctor took that were negligent and how these impacted the health of your child. A Birth Injury Lawyers injury lawyer will know what to look for and where to get the medical records and expert witness testimony needed to prove your case.

A reputable birth injury lawyer will handle the details of your case and will never ask you to pay for justice. They should be willing to work on a contingency fee basis which means they only receive payment if they win your case and the amount they get is a percentage of the settlement or award you receive.