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 advances in medical technology making it safer than ever. If you believe your child suffered an injury to their birth that could have been prevented from happening, consult a birth injury lawyer right away.

A firm that concentrates on birth injury cases will usually pay for all litigation costs and only be compensated when they receive compensation in your case.

Damages

Although medical advances have made childbirth a lot safer than it used to be but many mothers and their babies are still susceptible to injuries due to a variety reasons. Oxygen deprivation and head trauma are among the most frequent. These injuries can result in permanent and traumatic disabilities such as cerebral palsy. A skilled birth injury lawyer can assist families to receive compensation for the ongoing medical and treatment they require.

Your lawyer will request all pertinent medical records and birth injury reports related to your baby's injury. The attorney will also employ medical experts to review the evidence and provide an official opinion on whether the medical experts involved in the birth of your baby violated the standard of medical care. In a typical case, an expert will examine the medical care provided by the defendant to practices generally accepted by medical professionals with similar experience and training.

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

Medical Experts

Although advances in medicine have made childbirth more secure than ever, the process remains a risky one for both mother and birth injury child. It is the responsibility of doctors and nurses who are involved in the delivery to be professional and to avoid mistakes that could have disastrous consequences for both mother and baby's health. Parents may seek damages if nurses and doctors fail to behave appropriately during the delivery.

From the first consultation to the final resolution From the initial consultation to the final resolution, a lawyer for birth injuries will closely assist you with your case. They will gather evidence from you, like witness testimony and medical records. They will also solicit expert opinions from other sources, including doctors and specialists.

The experts will analyze the evidence and offer an official opinion on whether the injuries were caused by medical negligence. This will be used by the lawyer to determine the best way to proceed.

If the medical professional agrees that malpractice was committed then your lawyer will file a lawsuit against those responsible parties. This typically includes the obstetrician who was in charge of your pregnancy and delivery, any nurses or surgeons who assisted during the birth and the hospital where the birth took.

The costs of a lawsuit may be high due to the cost for expert witnesses, evidence, and depositions. Your lawyer will pay these costs and pay you back once they have won settlement on your behalf.

Preparing for the Trial

In general, a birth injury lawyer is a person who handles cases where the baby suffered injuries caused by negligence of a doctor prior, during or shortly after delivery. When examining the case, the lawyer will be looking at two things: whether there is evidence of medical negligence and the extent of the injury.

In most cases, attorneys consult with medical experts to determine if a medical error caused the injury. These experts will review all records related to the birth, pregnancy, and medical treatment for injuries. They will also be able to evaluate the impact of the injuries suffered by the child on their future.

The experts will help the lawyer determine the medical providers who will be named as defendants in the lawsuit. The lawyer will send an email to the medical providers and insurers to respond to the claim. A good birth injury lawyer will know how deal with insurance companies and be prepared to go to trial if needed.

Parents could be entitled to damages for past and future medical costs related to the injuries sustained by their child. They could also be awarded damages for pain and suffering. The amount of damages could be substantial, especially if the child's injuries are severe. A reputable birth injury lawsuit injury lawyer can maximize the amount of compensation given to parents.

Insurance Companies

A birth injury lawsuit won't undo the damage done 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 competent birth injury lawyer will work with a variety of experts to assess the financial impact of an injury to your family and what amount you are legally entitled to receive compensation for these expenses.

In order to claim a birth injuries it is necessary to prove that your doctor and your child had an official relationship and that he or she breached this relationship by committing a negligent act prior to or during the birth of your child. You can easily prove this by collecting your medical records and hospital bills.

Once this is established, the lawyer will have to identify the specific actions the doctor made that were negligent and how they impacted the health of your child. A birth injury lawyer will know what to look for and where to get the medical evidence and expert witness testimony to demonstrate your case.

A reputable birth injury lawyer will manage the complexity of your case and will never ask you to pay for justice. They should be willing to work on a basis of contingency fees which means they only be paid if they succeed in winning your case and the amount they get is a percentage of the settlement or award you receive.