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

The risk of complications can be present during and after the birth of a child despite advances in medical technology making it safer than ever. If you suspect that your child was injured due to a birth injury, consult an experienced birth injury lawyer immediately.

A firm that specializes in cases involving birth injuries will typically advance all lawsuit expenses and only receive payment if they receive compensation for your case.

Damages

While medical advances have made childbirth more secure than ever before however, mothers and their babies are still at high risk of injury due to a variety of reasons. These include oxygen deprivation, birth Injury lawyer head trauma, and infections. These injuries can cause permanent and traumatic disabilities including cerebral palsy. An experienced birth injury lawyer will assist families to receive the compensation they need to fund lifelong care and support.

Your lawyer will ask for all relevant medical records and reports related to the baby's injury. They may also engage medical experts to analyze the evidence and give an opinion in writing on whether the medical personnel who delivered your child violated the standard care. In a typical situation, an expert will compare the medical care provided by the defendant to the practices that are commonly used by other medical professionals who have similar education 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 losses. Non-economic damages include emotional distress and suffering and pain. In rare cases punitive damages may also be awarded. These are meant to penalize the person responsible and deter similar behavior in the future. These are different from compensatory damages which are awarded to recover the actual losses.

Medical Experts

Although medical advances have made childbirth more secure than ever, Birth Injury Lawyer the procedure still involves some risk for mother and baby. It is the responsibility of doctors and nurses who are involved in the birth to behave professionally and to avoid mistakes that can have devastating consequences for both the baby's and mother's health. If they fail to do this and cause a birth injury parents can seek compensation for their losses.

An attorney for birth injuries will be in close contact with you throughout the entire duration of your case from the initial consultation to the final resolution. They will gather evidence from you like witness testimonies and medical records as well as seek expert opinions from various sources, including other specialists and doctors.

The experts will examine the evidence and provide a formal opinion as to whether the injuries were the result of medical negligence. This will be used by the lawyer to determine how to proceed.

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

The costs of a lawsuit could be high due to the costs for expert witnesses, evidence, and depositions. Your lawyer will cover these costs and then reimburse you when they have won settlement on your behalf.

Prepare for Trial

A birth injury lawyer will work every case where the baby was injured as a result of doctor negligence, prior to, during, or shortly after the birth. When reviewing the case the lawyer will take into consideration two aspects: whether there are any indications of medical negligence as well as the extent of the injury.

Attorneys frequently consult with medical experts to determine whether the injury was caused by medical malpractice. They will look over all records related to the pregnancy, childbirth and medical treatment for injuries. They will also be able to evaluate the effects of the injuries on the child as well as his or her future life.

The experts will assist the lawyer identify the medical providers that should be named in the lawsuit. The lawyer will issue an email to the medical providers and insurers to respond to the complaint. A reputable birth injury lawyer will know how to negotiate with the insurance companies and will be ready to go to trial if needed.

Parents could be entitled to damages for past and future medical expenses that result from the injuries sustained by their child. You may also receive damages for pain and suffering. The amount of damages could be substantial in the event that the child's injuries are severe. An experienced attorney for birth injuries will be able to maximize the amount of money paid to the parents.

Insurance Companies

Although a lawsuit for birth injuries can't undo the harm that was done to your child, it may be used to pay for future medical expenses as well as the cost of therapy, home modifications and on-going support. These costs can seem overwhelming, but a knowledgeable birth injury lawyer will work with several experts to determine the financial impact on your family's finances from a specific injury and how much compensation you are entitled to.

The first step in a birth injury claim is to prove that the doctor in your case had an professional relationship with your child and you, and that they breached that relationship by acting negligently prior to or during your child's delivery. This is easy to prove through the collection of your medical documents and hospital bills.

Once this is established the lawyer needs to determine the specific actions that the doctor performed that were negligent and how these impacted your child's health. A birth injury lawyer will know where to get the medical documents, expert witness testimony and other evidence that can be used to prove your claim.

A good birth injury lawyer will take care of the many complexities of your case and never ask you to pay for justice. They should work on a contingent fee basis, meaning that they only receive payment if they win your case. The amount they earn is a portion of the settlement or award you receive.