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

Complications are still possible during and after the birth of a child, despite medical advances making it more secure than ever. If you suspect your child has suffered an injury to their birth that could have been avoided by contacting a birth injury lawyer immediately.

A firm that specializes in birth injury cases will typically advance all legal costs and only get paid when they receive the case.

Damages

While advances in medicine have made childbirth more secure than it used to be however, many mothers and infants are still susceptible to injuries due to a variety reasons. The lack of oxygen and head trauma are among the most frequent. These injuries can cause permanent and traumatic disabilities, Birth injuries including cerebral palsy. A skilled birth injury lawyer will assist families to receive the compensation they require to cover lifelong medical treatment and care.

Your lawyer will request all pertinent medical records and reports relating to your baby's injury. The attorney will also engage medical experts to review the evidence and give an official opinion on whether the medical professionals involved in your baby's birth breached the standard of care. In a typical case an expert will evaluate the medical treatment provided by the defendant to practices generally accepted by medical experts with similar experience and qualifications.

Economic and non-economic damages can be awarded. Economic damages are for expenses like current and future medical bills, lost income and property loss. Non-economic damages include emotional distress and suffering and pain. In rare cases punitive damages may also be awarded. These are designed to punish the at-fault party and deter similar conduct in the future. They are distinct from compensatory damages which are given to compensate for 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 nurses and doctors who are involved in the delivery to act professionally and avoid mistakes that could have devastating consequences for the health of both parties. If they fail to follow through and cause a birth injury parents may seek compensation for their damages.

From the initial consultation to the final resolution, a birth injury lawyer will be closely involved in your case. They will collect evidence from you, like witness testimony and medical records. They will also get expert opinions from other sources such as doctors and specialists.

These experts will review all evidence and provide a formal opinion on whether the injuries occurred by medical negligence. The lawyer will use this to decide how best to proceed.

If a medical professional is of the opinion that malpractice was committed, your lawyer will file a lawsuit against the guilty parties. This typically includes the obstetrician responsible for your pregnancy and delivery and any nurses or surgeons who assisted during the delivery, as well as the hospital where the birth took place.

The cost of a lawsuit can be high as a result of the numerous fees, including the cost of records, expert witnesses and depositions. Your lawyer will pay these costs and then reimburse you once they have won settlement on your behalf.

Preparing for the Trial

Typically, a birth injury lawyer takes any case where the infant suffered injuries caused by negligence of a doctor prior, during or shortly after birth injury lawsuits. In analyzing the case the lawyer will take into consideration two things: whether or not there are any indications of medical negligence and the extent of the injury.

Often, the attorneys will consult with medical experts in order to determine if medical malpractice caused the injury. Experts will carefully review documents from the pregnancy, the child's birth and the medical treatment for the injuries that occurred afterward. They will also be able analyze the effects of injuries on the child as well as their future.

The experts will help the lawyer determine which medical providers should be named in the lawsuit. The lawyer will then send an inquiry letter to medical providers and insurers to respond to the claim. A good birth injury lawyer should know how to negotiate with insurance companies, and be prepared to go to trial if necessary.

Parents could be entitled to damages for future and past medical expenses resulting from their child's injuries. Additionally, you could be awarded damages for your pain and suffering. These damages can be significant, especially if a child's injuries were serious. An experienced attorney for birth injury lawyers injuries 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 could pay for future medical expenses for therapy, the cost as well as home modifications and ongoing support. These expenses may seem overwhelming at first but a good birth injury lawyer will collaborate with a variety of experts to determine the financial impact of an injury to your family and what amount you are entitled to be compensated for these costs.

The first step in a birth injury claim is to establish that the doctor involved in your case had a professional relationship with you and your child, and that they breached the relationship by acting negligently during or before the birth of your child. It is easy to prove this by obtaining your hospital bills and medical records.

Once this has been established the lawyer will have to determine what specific actions the doctor took that were negligent and how these affected the health of your child. An attorney for birth injuries will know what to look for and where you can get the medical records and expert witness testimony needed to establish your case.

A reputable birth injury lawyer will take care of the many complexities of your case and never require you to pay for justice. They should work on a basis of contingency fees which means they only receive compensation if they prevail in your case and the amount they get is a percentage of the settlement or award you receive.