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

There are still complications that can occur during and after the birth of a baby, despite medical advances making it more secure than ever. If you believe your child suffered injuries to the birth that could have been avoided by contacting a birth injury lawyer right away.

A firm that is specialized in birth injury cases will typically advance the entire cost of a lawsuit. They will only be paid if they are awarded the case.

Damages

Although advances in medicine have made childbirth more secure than it was previously yet many mothers and babies are still at risk for injuries from a variety of reasons. These include oxygen deprivation, head trauma, and infections. These injuries can cause long-lasting and devastating disabilities, including cerebral palsy. A reputable birth injury lawyer will help families obtain compensation for the lifetime treatment and medical care they require.

Your attorney will seek all relevant medical records and reports related to the baby's injury. They will also hire medical experts to analyze the evidence and give an official opinion on whether the medical experts involved in the delivery of your baby did not meet the standards of care. In a typical case, an expert will evaluate the medical care offered by the defendant with the practices that are commonly used by other medical professionals with similar training and experience.

Non-economic and economic damages can be awarded. Economic damages are for expenses including future and present medical bills, lost income, and property loss. Non-economic damages may include emotional distress as well as suffering. In rare cases punitive damages could also be awarded. They are intended to punish the at-fault party and prevent similar behavior in the future. They differ from compensatory damages, which are awarded to recover the actual loss.

Medical Experts

While medical advances have made childbirth safer than ever before, the process remains a risky one for both the mother and the baby. It is up to the nurses and doctors involved in a delivery to be professional and avoid making mistakes that could cause catastrophic harm for the health of both parties. When they fail to follow through and cause birth injuries parents can claim compensation for the damage.

From the initial consultation until the final resolution A birth injury lawyer will work closely with your case. They will gather evidence from you like witness statements and medical records and also get expert opinions from many sources, including other doctors and specialists.

The experts will examine the evidence and give a formal opinion as to whether the injuries resulted from medical negligence. The lawyer will use this to decide how best to proceed.

If the medical expert is of the opinion that there was a malpractice and your lawyer files a lawsuit against those responsible parties. This includes the obstetrician who was in charge of your pregnancy as well as any surgeons, nurses, or hospital personnel who assisted during the delivery.

The cost of a lawsuit can be high due to the fees for expert witnesses, documents, and depositions. Your lawyer will pay these costs and pay you back once they have negotiated an agreement on your behalf.

Prepare for Trial

A birth injury lawyer will work every case where the baby suffered injuries as a result of doctor negligence, either prior to or during or shortly following delivery. The lawyer will examine two factors when analyzing the case to determine if there evidence of medical negligence, and how severe the injury is.

In most cases, attorneys consult with medical experts in order to determine if a medical error caused the injury. These experts will review all records pertaining to the childbirth, pregnancy and medical treatment for injuries. They will also be able to assess the impact of the injuries on the child and his or her future life.

The experts will assist the lawyer in determining the medical providers who will be named as defendants in the lawsuit. The lawyer will then send an email to the medical providers and insurers to respond to the claim. A reputable attorney for birth injuries will be able to negotiate with the insurance companies and be ready to go to trial should it be necessary.

Parents may be entitled to compensation for future and past medical expenses resulting from the injuries sustained by their child. Additionally, you could be awarded damages for your pain and suffering. These damages can mount up in the event that the child's injuries are serious. A good birth injury attorney can maximize the compensation paid to the parents.

Insurance Companies

Although a lawsuit for birth injuries can't reverse the harm done to your child, it can cover future medical expenses and the cost of therapy or home modifications as well as ongoing support. These costs may seem overwhelming at first, but a skilled birth injury lawyer will work with a variety of experts to determine the financial impact of an injury to your family and how much you are entitled to compensation for these costs.

To submit a claim for birth injury you must first establish that your doctor and your child had a professional relationship and that he or she breached this relationship by failing to act properly prior to or during the time of your child's birth. This can be easy to prove by obtaining your medical documents and birth injury hospital bills.

Once this has been established the lawyer needs to determine what specific actions the doctor took that were negligent and how these impacted your child's health. An attorney for birth injuries will know what to look for and where to get the medical documentation and expert witness testimony to demonstrate your case.

A competent birth injury attorney will handle all the complexities of your case. They should never ask you to pay out of your pocket to seek justice. They should be willing and able to work on an ad-hoc basis. This means they will only be paid if they win your case and their fee is a percentage of the settlement or award.