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

Complications can still occur during and after a child's birth despite advancements in medical technology that make it safer than ever. If you believe your child suffered a birth injury that could have been prevented, contact a birth injury lawyer immediately.

A firm that concentrates on birth injuries will typically finance all litigation costs and only be compensated if they obtain an award in your case.

Damages

While medical advances made childbirth more secure than ever before, many mothers and their infants are at a higher risk of injury due to variety of reasons. Trauma to the head and oxygen deprivation are among the most frequent. These injuries can cause catastrophic disabilities such as cerebral palsy. An experienced attorney for birth injuries can help families get the compensation they need to cover the cost of lifelong treatment and care.

Your attorney will ask for all medical records and reports that relate to the injury of your baby. The attorney can also employ medical experts who will review the evidence and provide an official opinion on whether the medical professionals who delivered your child violated the standards of care. In a typical situation, an expert will examine the medical treatment provided by the defendant with the standard practices used by other medical professionals with similar experience and training.

Damages can be awarded for economic and non-economic losses. Economic damages are for expenses including future and present medical bills, lost income and property losses. Non-economic damages include emotional distress as well as suffering. In rare instances punitive damages could also be awarded. They are designed to punish the responsible party and discourage similar behavior in future. They are separate from compensatory damages that are awarded to cover actual losses.

Medical Experts

Although advances in medicine have made childbirth more secure than ever before, the process is not without risk for both baby and mother. It is up to the doctors and nurses who are involved in the delivery to behave professionally and avoid making mistakes that could result in devastating consequences for the health of both parties. When they fail to act accordingly and cause birth injuries parents may be able to seek compensation for their damages.

From the initial consultation up to the final resolution From the initial consultation to the final resolution, a lawyer for birth injury law firms injuries will closely work on your case. They will gather evidence from you, such as witness testimony and medical records. They will also solicit expert opinions from other sources including doctors and specialists.

They will look over the evidence and give a formal opinion as to whether the injuries resulted from medical negligence. This will be utilized by the lawyer to decide on the best way to proceed.

If a medical professional confirms that a mistake was committed your lawyer will file a lawsuit against the parties responsible. This includes the obstetrician in charge of your pregnancy, as well as any nurses, surgeons or hospital staff who were involved in the delivery.

The costs of a lawsuit may be high due to the fees for expert witnesses, records, and depositions. Your lawyer will pay these expenses, and will reimburse you once they have settled your case.

Preparing for the Trial

In general, a birth injuries lawyer will take on cases where the infant was injured caused by negligence of a doctor prior, during or shortly after delivery. The lawyer will take into consideration two aspects when evaluating the case: whether there evidence of medical negligence, and how serious the injury.

Attorneys often consult with medical experts to determine whether the injury was the result of medical malpractice. They will look over all records pertaining to the birth, pregnancy, 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.

The experts will assist the lawyer determine which medical professionals should be included in the lawsuit. The lawyer will write an email to the medical providers and insurers to respond to the complaint. A good birth injury lawyer should know how to work with insurance companies and be ready to go to trial should it be necessary.

Parents may be entitled to damages for past and future medical costs related to the injuries suffered by their child. They could also receive damages for pain and suffering. These damages can be significant, especially if a child's injuries were severe. An experienced birth injury lawyer can maximize the amount of compensation that is given to parents.

Insurance Companies

A birth injury lawsuit isn't able to undo the damage done to your child but it could cover future medical costs therapies, home modifications and ongoing support. These costs may seem overwhelming, but an experienced birth injury lawyer will work with a variety of experts to determine the financial impact on your family's finances from the injury you sustained and how much compensation you are entitled to.

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

After this is established the lawyer needs to determine the specific actions that the doctor made that were negligent and how they affected your child's health. A birth injury lawyer will know what to look for and where you can get the medical records and expert witness testimony to establish your case.

A reputable birth injury lawyer will handle the many complexities of your case and never ask you to pay for justice. They should be able and willing to work on an ad-hoc basis. This means they will only be paid if they win your case and their fee is a portion of the settlement or award.