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

Although advances in medicine make birthing safer than ever before however, complications can still happen following the birth of a baby. If you believe your child suffered an injury during birth that could have been prevented contact a birth injuries lawyer immediately.

A firm that specializes in birth injury cases will typically advance all lawsuit expenses and only receive payment if they are awarded the case.

Damages

While medical advances made birthing safer than ever before, many mothers and their infants are at a higher risk of injury due to a number of reasons. These include oxygen deprivation, head trauma, and infections. These injuries can result in devastating disabilities like cerebral palsy. A skilled lawyer for birth injuries can help families get compensation for the lifelong medical treatment and care they require.

Your lawyer will request all medical records and other reports pertaining to the injuries sustained by your baby. The attorney can also engage medical experts who will analyze the evidence and give an official opinion as to whether the medical personnel who delivered your baby violated the standard of care. In a typical case an expert will assess the medical care provided by the defendant to methods commonly accepted by medical professionals with similar training and experience.

Economic and non-economic damages may be awarded. Economic damages include medical costs, lost income, and property damage. Non-economic damages include emotional distress as well as suffering and pain. In rare instances the punitive damages might be awarded. These are meant to penalize the person responsible and deter similar behavior birth injury lawyer in the future. They differ from compensatory damages, which are awarded to recover the actual losses.

Medical Experts

Although advances in medicine have made childbirth more safe than ever before, there remain some risks for both the mother and baby. It is the responsibility of doctors and nurses involved in a birth to act professionally and avoid mistakes that could have devastating consequences for the health of both parties. Parents may claim damages if doctors and nurses fail to act professionally during the delivery.

From the first consultation to the final resolution A birth injury lawyer will closely work on your case. They will collect evidence from you, such as medical records and witness testimony as well as seek expert opinions from numerous sources including other doctors and specialists.

The experts will go over all evidence and provide a formal opinion on whether the injuries occurred because of medical negligence. This will be utilized by the lawyer to determine the best way to proceed.

If the medical expert confirms that a mistake occurred, your lawyer will bring suit against the accountable parties. This includes the obstetrician who was in charge of your pregnancy, and any nurses, surgeons or hospital personnel who helped during the delivery.

The cost of a lawsuit can be high as a result of the many fees such as the cost of records, expert witnesses, and depositions. Your lawyer will pay these costs and then reimburse you once they have negotiated an agreement on your behalf.

Preparing for trial

A birth injury lawyer will take any case in which the baby suffered injuries due to doctor negligence, before, during, or shortly following delivery. When reviewing the case the lawyer will be looking at two aspects: whether there are any indications of medical negligence and the severity of the injury.

Attorneys often consult with medical experts to determine if the injury was caused by medical negligence. 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 effect of the injuries sustained by the child on his or her future.

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

Parents could be entitled to damages for past and future medical costs related to the injuries of their child. They may also be able to claim damages for suffering and pain. The amount of damages could be substantial particularly if the child's injuries are severe. A skilled birth injury lawyer can maximize the amount of compensation that is awarded to the parents.

Insurance Companies

While a birth injury lawsuit will not reverse the damage that occurred to your child, it can pay for future medical expenses for therapy, the cost as well as home modifications and ongoing support. These expenses may seem overwhelming, but an experienced birth injury lawyer will work with a variety of experts to determine the financial impact on your family of an injury that you suffered and the amount of compensation you are entitled to.

To file a claim for birth injury it is necessary to prove that your doctor and your child had an established professional relationship and he or she breached this relationship by acting negligently before or during the time of your child's birth. You can easily prove this by obtaining your medical records and hospital bills.

Once this is established the lawyer needs to identify what specific actions the doctor made that were negligent and how they affected the health of your child. An attorney for birth injuries will know what to look for and where to obtain the medical records and expert witness testimony to establish your case.

A good west valley city birth injury lawsuit injury attorney can handle the entire complexity of your case. They will never require you to pay out of pocket to pursue justice. They should work on a basis of contingency fees which means that they only receive payment if they win your case and the amount they earn is a percentage of the settlement or award you receive.