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

Complications can still occur in the course of the birth of a child, despite medical advances making it safer than ever. If you suspect your child has suffered an injury to their birth that could have been avoided contact a birth injuries lawyer right away.

A firm that focuses on birth injury cases will typically finance all litigation costs and only be compensated when they are successful in winning an award in your case.

Damages

Although advances in medicine have made childbirth more secure than ever before, many mothers and their infants are still at a high risk of injury due to a variety of reasons. The lack of oxygen and head trauma are among the most common. These injuries can cause catastrophic disabilities like cerebral palsy. An experienced birth injury lawyer will assist families to receive the compensation they require to cover the cost of lifelong treatment and support.

Your attorney will ask for all medical records and reports relevant to the injuries suffered by your baby. The attorney can employ medical experts who will analyze the evidence and provide an official opinion as to whether the medical professionals who delivered your baby did not follow the standards of care. In a typical case, an expert will examine the medical care provided by the defendant to methods typically accepted by medical experts with similar experience and qualifications.

Economic and non-economic damages may be awarded. Economic damages may include medical expenses, lost income, and property damage. Non-economic damages include emotional distress, 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. These are separate from the compensation damages that are awarded to cover actual losses.

Medical Experts

Although advances in medicine have made childbirth safer than ever, the procedure still poses a risk for mother and baby. It is the responsibility of nurses and doctors involved in a delivery to be professional and avoid mistakes that could cause catastrophic harm for the health of both parties. When they fail to act accordingly and cause a birth injury, parents can seek compensation for their losses.

A Birth Injury Lawyers injury attorney will work closely with you throughout the entire duration of your case from the initial consultation through to the final resolution. They will gather evidence from you such as medical records and witness testimony as well as seek expert opinions from numerous sources including other doctors and specialists.

The experts will examine the evidence and provide a formal opinion as to whether the injuries were the result of medical negligence. This will be used by the lawyer to decide on the best way to proceed.

If the medical professional believes that a malpractice occurred Your lawyer will file a lawsuit against the parties responsible. This includes the obstetrician in charge of your pregnancy, any nurses, surgeons or hospital staff who assisted during the delivery.

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

Prepare for the trial

Generally, a birth injury lawyer will take on any case where the infant was injured because of negligence by a doctor before, during or shortly after the birth. When reviewing the case the attorney will consider two things: whether there is evidence of medical negligence as well as the extent of the injury.

Often, the attorneys will consult with medical experts to determine whether medical malpractice led to the injury. They will review documents from the pregnancy, birth of the child and the medical treatment for the injuries afterward. They will also be able to determine the effects of the injuries suffered by the child on their future.

The experts will help the lawyer determine the medical providers that should be included in the lawsuit. The lawyer will send a letter to the medical providers and their insurance companies and ask them to respond to the claim. A reputable birth injury lawyer will know how negotiate with insurance companies, and be ready to take on trial if needed.

Parents may be entitled to compensation for future and past medical expenses arising from the injuries suffered by their child. They could also be awarded damages for suffering and pain. These damages can be significant, especially if the child's injuries are severe. A reputable birth injury lawyer can maximize the amount of compensation given to parents.

Insurance Companies

A birth injury lawsuit isn't able to reverse the harm done to your child but it could help cover future medical costs therapy, home modifications and ongoing support. The costs could seem daunting, but a skilled birth injury lawyer will collaborate with a team of experts to assess the financial impact on your family's finances from an injury, and how much compensation you are entitled to.

The first step in a birth injury claim is to establish that the doctor who handled your case had an professional relationship with you and your child. They must also prove that they violated the trust by committing a breach during or before your child's delivery. This is easy to prove by obtaining your medical records and hospital bills.

After this is established the lawyer needs to determine what specific actions the doctor performed that were negligent and how these 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 needed to support your case.

A good birth injury lawyer will handle the details of your case and never require you to pay for Birth Injury Lawyers justice. They must be able to work on an hourly basis. This means they will only get paid when they win your case, and birth injury lawyers their fee is a percentage of the settlement or award.