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

The risk of complications can be present in the course of the birth of a child despite the advancements in medicine making it more secure than ever. If you suspect that your child has suffered an injury during birth that could have been avoided by contacting a birth injury lawyer right away.

A firm that concentrates on birth injury cases is likely to pay for all litigation costs and only be paid when they receive an award in your case.

Damages

While medical advances made childbirth more secure than ever before but many mothers and their infants are still at a high danger of injury due variety reasons. This includes oxygen deprivation, head trauma and infections. These injuries can lead to permanent and devastation to the body, including cerebral palsy. A skilled birth injury lawyer can help families get an award for the lifelong treatment and medical care they require.

Your lawyer will request all pertinent medical records and reports related to your baby's injury. He or she may employ medical experts who will review the evidence and give an opinion in writing on whether the medical professionals who delivered your baby did not follow the standards of care. In a typical case, an expert will compare the medical care provided by the defendant with the practices generally accepted by other medical professionals who have similar education and experience.

Damages can be awarded for both economic and non-economic losses. Economic damages cover costs such as current and future medical bills, lost income and property loss. Non-economic damages include emotional distress as well as suffering and pain. In rare instances punitive damages can also be awarded. They are intended to penalize the party at fault and discourage similar behavior in the future. They differ from compensatory damages that are awarded to compensate for actual losses.

Medical Experts

Although advances in medicine have made childbirth safer than ever, the process still poses a risk for both baby and mother. It is the responsibility of nurses and doctors involved in the birth to act professionally, and to avoid mistakes that could cause devastating harm for both the baby's and mother's health. Parents may claim damages if nurses and doctors fail to act professionally during a delivery.

From the initial consultation up to the final resolution, a birth injury lawyer will work closely with your case. They will gather evidence from you, including witness testimony and medical records. They will also get expert opinions from other sources including doctors and specialists.

These experts will review all the evidence and provide a formal opinion on whether the injuries are by medical negligence. This will be used by the lawyer to decide the best way to proceed.

If a medical professional is of the opinion that there was a malpractice then your lawyer will file a lawsuit against those responsible parties. This typically consists of the obstetrician who was responsible for your pregnancy and delivery as well as any surgeons or nurses who assisted during the birth, as well as the hospital where the birth took.

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

Prepare for trial

A birth injury lawyer will take on any case in which the baby suffered injuries due to a doctor's negligence, before, during, or shortly after the birth. The lawyer will examine two factors when analyzing the case whether there is evidence of medical negligence and how serious the injury.

Attorneys will often consult with medical experts to determine if the injury was caused by medical negligence. These experts will carefully review documents from the pregnancy, the child's birth and the medical treatment received for the injuries afterward. They will also be able to assess the effects of the injuries suffered by the child on their future.

The experts will assist the lawyer identify which medical providers should be included in the lawsuit. The lawyer will send a letter asking the medical providers and insurers to respond to the claim. A good birth injury lawyers injury lawyer will be able to work with insurance companies and be prepared to go to trial if needed.

Parents may be entitled to damages for past and future medical expenses related to the injuries suffered by their child. You may also be entitled to damages for your pain and suffering. These damages can be significant particularly if the child's injuries were severe. A skilled birth injury lawyer will be able to maximize the compensation paid to the parents.

Insurance Companies

While a birth injury lawsuit cannot undo what happened to your child, it could be used to pay for future medical expenses for therapy, the cost, home modifications and on-going support. These costs can seem overwhelming, but a seasoned birth injury lawyer will collaborate with a number of experts to determine the financial effects on your family from an injury, and birth injury lawyers the amount of compensation you are entitled to.

The first step in a birth injury claim is to prove that the doctor who was involved in your case had an established professional relationship with you and your child and that they violated this relationship by acting negligently during or before the child's birth. It is easy to prove this by collecting your medical bills and hospital bills.

Once this is established the lawyer will have to identify what specific actions the doctor made that were negligent and how they impacted the health of your child. A birth injury lawyer will know where to get the medical records as well as expert witness testimony and other evidence that can be used to prove your claim.

A good birth injury lawyer will take care of all the complexities of your case and will never require you to pay out of your pocket to seek justice. They must be able to work on an hourly basis. This means that they'll only get paid when they win your case, and their fee is a percentage of the settlement or award.