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

Complications are still possible during and after a child's birth despite the advancements in medicine making it more secure than ever. If you suspect your child suffered from a preventable birth injury, contact an experienced birth injury attorney immediately.

A firm that focuses on birth injury cases will usually cover all litigation costs, and only be paid when they receive settlement in your case.

Damages

Although advances in medicine have made childbirth safer than ever before but many mothers and their babies are still at high risk of injury for a variety reasons. These include oxygen deprivation, head trauma, and infections. These injuries can cause devastating disabilities like cerebral palsy. A good birth injury attorney can help families receive the compensation they need to pay for lifelong treatment and care.

Your lawyer will request all medical records and reports relevant to the injury of your baby. The attorney will also engage medical experts to examine the evidence and give an opinion regarding whether the medical personnel involved in the birth of your baby violated the standard of care. In a typical situation, an expert will compare the medical treatment provided by the defendant to the practices commonly accepted by other medical professionals with similar training and experience.

Economic and non-economic damages can be awarded. Economic damages can cover expenses like future and current medical bills, lost income, and property loss. Non-economic damages include emotional distress and pain and suffering. In rare instances punitive damages could also be awarded. These are designed to punish the party at fault and discourage similar conduct in the future. These are different from compensatory damages which are awarded to compensate for actual loss.

Medical Experts

Even though medical advancements have made childbirth more safe than ever before, there are still some risks for both mother and baby. It is the responsibility of the doctors and nurses who are involved in the birth to behave professionally and to avoid making mistakes that could have disastrous consequences for both the baby and mother's health. If they fail to act accordingly and cause birth injuries parents may seek compensation for their damages.

A birth injury attorney will work closely with you throughout the entire duration of your case, starting from beginning with the initial consultation until final resolution. They will gather evidence from you, such as medical records and witness testimony and also get expert opinions from many sources, including other doctors and specialists.

They will look over the evidence and give a formal opinion as to whether the injuries resulted from medical negligence. This will be utilized by the lawyer to determine how to proceed.

If the medical professional is of the opinion that malpractice was committed your lawyer will file a suit against the 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 birth.

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

Preparing for trial

Typically, a birth injury lawyer will take on any case where the baby suffered injuries due to doctor negligence before or shortly after birth. The lawyer will consider two things when reviewing the case: whether there evidence of medical negligence and how serious the injury.

Attorneys will often consult with medical experts to determine whether the injury was caused by medical negligence. Experts will carefully review the records of the pregnancy, the child's birth and the medical treatment that was received for the injuries that occurred afterward. They will also be able assess the impact of the injuries on the child as well as his or her future life.

The experts will help the lawyer to determine which medical providers should be named in the lawsuit. The lawyer will write an email to the medical providers and insurers to respond to the claim. A good birth injury attorney will know how to negotiate with insurance companies and will be prepared to take the case to trial if needed.

Parents may be entitled to compensation for future and past medical expenses that result from the injuries sustained by their child. You may also receive damages for your pain and suffering. These damages could be substantial, especially if a child's injuries were severe. A good birth injury attorney can help maximize the compensation that is awarded to parents.

Insurance Companies

Although a lawsuit for birth injuries can't undo the harm that was done to your child, it may cover future medical expenses as well as the cost of therapy, home modifications and on-going 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 of a specific injury and how much compensation you are entitled to.

To submit a claim for birth injury you must first establish that your doctor and your child have an official relationship and that they breached that relationship by committing a negligent act prior to or during your child's birth. This can be easy to prove by obtaining your medical documents and hospital bills.

After this is established the lawyer will need to identify what specific actions the doctor performed that were negligent and how these impacted the health of your child. A birth injury attorney will know what to look for and where to get the medical evidence and expert witness testimony needed to prove your case.

A good birth injury attorney can handle the entire complexity of your case. They should never ask you to pay out of your pocket to seek justice. They should work on a contingency fee basis which means that they receive payment if they win your case and the amount they earn is a portion of the settlement or award you receive.