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

Although advances in medicine make childbirth safer than ever however, complications may still occur during and after the birth of the baby. If you suspect that your child has suffered an injury during birth that could have been avoided, contact a birth injury lawyer immediately.

A firm that concentrates on birth injury cases will usually advance all litigation expenses and only be compensated when they receive the case and receive compensation.

Damages

Although medical advances have made childbirth safer than it used to be yet many mothers and babies are still at risk of injuries from a variety of reasons. Head trauma and oxygen deprivation are among the most frequent. These injuries can cause devastating disabilities like cerebral palsy. An experienced attorney for birth injuries can help families receive the compensation they require to cover lifelong medical treatment and care.

Your attorney will ask for all relevant medical records and reports related to your baby's injury. He or she will also employ medical experts to review the evidence and provide a formal opinion about whether the medical experts involved in your baby's birth violated the standard of care. In a typical situation, an expert will evaluate the medical treatment provided by the defendant to practices commonly accepted by medical experts who have the same experience and education.

Damages can be awarded for both economic and non-economic losses. Economic damages are for expenses like future and current medical bills, lost income and property losses. Non-economic damages include emotional distress as well as pain and suffering. In rare cases punitive damages can also be awarded. They are intended to punish the party at fault and discourage similar conduct in the future. They are distinct from compensatory damages, which are awarded to recover the 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 the responsibility of nurses and doctors involved in a delivery to be professional and avoid mistakes that could have devastating consequences for the health of both parties. When they fail to follow through and cause birth injuries parents can seek compensation for their damages.

A birth injury lawsuit injury lawyers, web page, injury attorney will be in close contact with you throughout the duration of your case, from the initial consultation through to the final resolution. They will gather evidence from you, such as witness testimonies and medical records, and also obtain expert opinions from numerous sources including other doctors and specialists.

These experts will examine all evidence and provide an official opinion on whether the injuries were by medical negligence. The lawyer will then use this to decide how best to proceed.

If the medical expert agrees that malpractice was committed, your lawyer will file a lawsuit against the responsible parties. This includes the obstetrician in charge of your pregnancy, and any surgeons, nurses or hospital staff who helped during the delivery.

The costs of a lawsuit are high due to the fees for expert witnesses, documents, and depositions. Your lawyer will pay for these expenses, and reimburse you once they settle your case.

Preparing for trial

A birth injury lawyer will work on any case in which the baby was injured as a result of doctor negligence, whether before or during or shortly after the birth. When reviewing the case, the lawyer will be looking at two things: whether 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 negligence led to the injury. These experts will carefully review documents from the pregnancy, birth of the child and the medical treatment for the injuries following. They will also be able to evaluate the effects of the injuries on the child and his or her future.

The experts will help the lawyer determine the medical providers to be named as defendants in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurance companies asking them to reply to the lawsuit. A reputable birth injury lawyer will know how negotiate with insurance companies, and birth injury lawyers be prepared to go to trial if required.

Parents may be entitled to compensation for medical expenses that result from the injuries suffered by their child. They may also be awarded damages for pain and suffering. These damages could be substantial particularly if the child's injuries were serious. An experienced attorney for birth injuries can help maximize the amount of money awarded to the parents.

Insurance Companies

A lawsuit for birth injuries can't repair the harm caused to your child but it could help cover future medical costs, therapy, home modifications and ongoing support. These expenses may seem overwhelming at first but a good birth injury lawyer will work with a variety of experts to calculate the financial impact of a particular injury on your family, and how much you are entitled to receive in compensation for these expenses.

To claim a birth injury, you must first prove that your doctor and your child have an official relationship and that the doctor violated this relationship by not acting appropriately prior to or during the birth of your child. You can easily prove this by obtaining your medical bills and hospital bills.

After this is established the lawyer must determine what specific actions the doctor made that were negligent and how these affected your child's health. An attorney for birth injuries will know what to look for and how to obtain the medical records and expert witness testimony needed to establish your case.

A competent birth injury attorney 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 be able and willing to work on a contingent fee basis. This means that they only get paid when they win your case, and their fee is a proportion of the settlement or award.