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

Although advances in medicine have made birthing safer than ever before, complications can still arise after the birth of a baby. If you believe your child suffered an injury to their birth that could have been avoided, contact a birth injury lawyer right away.

A firm that is specialized in birth injury cases generally will advance the entire cost of a lawsuit. They will only receive payment if they win the case.

Damages

While medical advances have made birthing safer than ever before but many mothers and their babies are still at risk of risk of injury for a number of reasons. These include oxygen deprivation, head trauma, and infections. These injuries can cause catastrophic disabilities like cerebral palsy. A skilled lawyer for birth injuries will help families obtain compensation for the ongoing medical treatment and care they require.

Your lawyer will seek all relevant medical records and reports relating to your baby's injuries. He or she will also engage medical experts to review the evidence and provide an official opinion as to whether the medical personnel involved in the delivery of your baby did not meet the standards of care. In a typical case an expert will assess the medical care provided by the defendant to methods typically accepted by medical experts with similar experience and training.

Economic and non-economic damages are able to be awarded. Economic damages cover costs like current and future medical bills, lost income and property loss. Non-economic damages may include emotional distress, pain and suffering. In rare cases punitive damages could also be awarded. These are intended to punish the at-fault party and prevent similar conduct in the future. They are separate from compensation damages that are awarded to cover actual losses.

Medical Experts

While medical advances have made childbirth more safe than ever before, there remain some risks for both mother and baby. It is up to the doctors and nurses involved in a delivery to act professionally and avoid making mistakes which could have catastrophic consequences for the health of both parties. If they fail to act accordingly and cause birth injuries, parents can claim compensation for the damage.

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

These experts will examine all the evidence, and provide a formal opinion on whether the injuries were because of medical negligence. The lawyer will use this to determine how to proceed.

If a medical professional agrees with you that malpractice was committed Your lawyer will file a suit against the parties at fault. This includes the obstetrician in charge of your pregnancy, any nurses, surgeons or hospital personnel who assisted during the delivery.

The cost of litigation can be quite high due to the many costs, such as those for documents, expert witnesses and depositions. Your lawyer will cover these costs and then reimburse you when they have negotiated settlement on your behalf.

Prepare for the trial

Generally, a birth injury lawyer will consider any case in which the baby suffered injuries caused by negligence of a doctor prior, during or shortly after delivery. When reviewing the case the attorney will consider two aspects: whether there is evidence of medical negligence and the severity of the injury.

Attorneys frequently consult with medical experts to determine whether the injury was the result of medical malpractice. The experts will go through all records pertaining to the childbirth, pregnancy and medical treatment for injuries. They will also be able to evaluate the impact of the injuries suffered by the child on his or Birth Injury lawyer her future.

The experts will assist the lawyer decide which medical providers should be included in the lawsuit. The lawyer will send a letter asking the medical providers and insurers to respond to the claim. A reputable birth injury lawyer will know how to negotiate with the insurance companies and will be prepared to take the case to trial if necessary.

Parents may be entitled to compensation for medical expenses resulting from their child's injuries. They may also be awarded damages for suffering and pain. These damages can be significant when the child's injuries are severe. A skilled birth injury lawyer can maximize the compensation awarded to parents.

Insurance Companies

A birth injury lawsuit isn't able to undo the damage done to your child but it can help pay for Birth Injury Lawyer future medical expenses therapy, home modifications and ongoing support. The costs could seem daunting, but a skilled birth injury lawyer will collaborate with a team of experts to assess the financial impact on your family due to an injury that you suffered and how much compensation you are entitled to.

The first step in a birth injury claim is to prove that the doctor involved in your case had an established professional relationship with you and your child, and that they breached that relationship by acting negligently before or during the child's birth. This can be simple to prove through the collection of your medical records and hospital bills.

After this is established the lawyer will need to determine what specific actions the doctor performed that were negligent and how these impacted the health of your child. A birth injury lawyer can help you locate the medical documents as well as expert witness testimony and other evidence to support your claim.

A reputable birth injury lawyer will take care of the many complexities of your case. They should never require you to pay out of your pocket to seek justice. They should work on a contingency basis which means that they get paid if they win your case. The amount they get is a percentage of the settlement or award you receive.