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

Although advances in medicine have made childbirth safer than ever however, complications can still happen in the course of birth and after the birth of a baby. If you believe your child suffered a preventable birth injury, consult an experienced attorney for birth injuries immediately.

A firm specializing in birth injury cases is likely to pay for all litigation costs and only be paid when they receive the case and receive compensation.

Damages

While advances in medicine have made childbirth more secure than it used to be but many mothers and their babies are still susceptible to injuries due to a variety of reasons. These include oxygen deprivation, head trauma, and infections. These injuries can result in devastating disabilities like cerebral palsy. An experienced attorney for birth injuries can assist families in obtaining the compensation they require to fund lifelong care and support.

Your lawyer will request all medical records and reports that relate to the injuries suffered by your baby. The attorney can also engage medical experts who will analyze the evidence and provide a formal opinion on whether the medical personnel who delivered your child violated the standard care. In a typical case, an expert will evaluate the medical care provided by the defendant to the practices commonly accepted by other medical professionals with similar training and experience.

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

Medical Experts

Although medical advances have made childbirth safer than ever before, the process still involves some risk for both the mother and the baby. It is the responsibility of the doctors and nurses who are involved in the birth to behave in a professional manner, and to avoid mistakes that can have devastating consequences for both mother and baby's health. When they fail to do so and cause birth injuries parents may be able to seek compensation for their damages.

A birth injury attorney will be in close contact with you throughout the course of your case, starting from the initial consultation until the final resolution. They will collect evidence from you, including medical records and witness testimony and will also seek expert opinions from numerous sources including other specialists and doctors.

They will look over the evidence and offer a formal opinion as to whether the injuries were the result of medical negligence. The lawyer will then use this to decide on the best way to proceed.

If the medical professional is of the opinion that malpractice occurred your lawyer will bring suit against the responsible parties. This includes the obstetrician in charge of your pregnancy, and any nurses, surgeons or hospital staff who were involved in the delivery.

The cost of a lawsuit are high due to the cost for expert witnesses, documents, and depositions. Your lawyer will advance these costs and reimburse you once they have won an agreement on your behalf.

Prepare for trial

In general, a birth injuries lawyer will consider cases where the infant suffered injuries because of negligence by a doctor before or shortly after the birth injury lawsuits. The lawyer will examine two aspects when analyzing the case to determine if there is evidence of medical negligence, birth injury attorney and how severe the injury.

Often, lawyers will consult with medical experts in order to determine if a medical error caused the injury. They will look over all documents related to pregnancy, childbirth and medical treatment for injuries. They will also be in a position to assess the effect of the injuries suffered by the child on their future.

The experts will assist the lawyer in identifying the medical providers to be named as defendants in the lawsuit. The lawyer will then send an email to the medical providers and insurers to respond to the complaint. A skilled birth injury attorney will be able to negotiate with the insurance companies and will be prepared to go to trial if needed.

Parents could be entitled to damages for past and future medical costs related to the injuries of their child. They may also be awarded damages for suffering and pain. These damages could be substantial in the event that a child's injuries were severe. An experienced birth injury lawyer can maximize the compensation paid to the parents.

Insurance Companies

A birth injury lawsuit can't undo the damage done to your child, but it could cover future medical expenses, therapy, home modifications and ongoing support. These expenses may seem daunting, but a skilled birth injury lawyer will work with a number of experts to determine the financial impact on your family of an injury, and how much compensation you are entitled to.

In order to submit a claim for birth injury you must first establish that your doctor and your child have an established professional relationship and they violated this relationship by failing to act properly prior to or during your child's birth. This may be easy to prove through the collection of your medical records and hospital bills.

Once this is established, the lawyer needs to identify what specific actions the doctor took that were negligent and how they impacted the health of your child. An attorney for birth injuries will know what to look for and where to obtain the medical documentation and birth injury attorney expert witness testimony to support your case.

A reputable birth injury lawyer will deal with the many complexities of your case and never ask you to pay for justice. They should be able to work on a contingent fee basis which means they only be paid if they succeed in winning your case and the amount they earn is a percentage of the settlement or award you receive.