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

Complications can still occur during and after a child's birth despite advances in medical technology that make it safer than ever. If you suspect that your child suffered a preventable birth injury, contact an experienced birth injury lawyers injury attorney immediately.

A firm that is specialized in birth injury cases generally will advance all costs associated with a lawsuit and only receive payment if they win the case.

Damages

While medical advances have made childbirth more secure than it used to be, many mothers and babies are still at risk of injuries due to a variety of reasons. Trauma to the head and oxygen deprivation are among the most common. These injuries can cause permanent and devastation to the body such as cerebral palsy. A good birth injury attorney will assist families to receive the compensation they require to cover the cost of lifelong treatment and care.

Your attorney will ask for all medical records and reports relevant to the injuries suffered by your baby. The attorney will also hire medical experts to review the evidence and give an official opinion on whether the medical experts involved in the birth of your baby breached the standard of care. In a typical case, an expert will assess the medical care offered by the defendant with practices that are commonly used by medical experts with similar training and experience.

Economic and non-economic damages are able to be awarded. Economic damages may include medical expenses loss of income, property damage. Non-economic damages include emotional distress, suffering and pain. In rare cases punitive damages can also be awarded. They are intended to penalize the party at fault and discourage similar conduct in the future. They are different from compensation damages that are awarded to recover actual losses.

Medical Experts

While advances in medicine have made childbirth safer than ever before, there are some risks for both mother and baby. It is the responsibility of nurses and doctors involved in the birth to behave in a professional manner, and to avoid mistakes which could result in devastating consequences for both the baby and mother's health. When they fail to act accordingly and cause birth injuries, parents can seek compensation for their losses.

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 collect evidence from you, such as witness testimony and medical records. They will also solicit expert opinions from other sources, including doctors and specialists.

The experts will examine the evidence and offer an official opinion on whether the injuries resulted from negligence on the part of a medical professional. The lawyer will use this to decide how best to proceed.

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

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

Preparing for trial

Typically, a birth injury lawyer will take on any case where the infant suffered injuries caused by negligence of a doctor prior or shortly after the birth. The lawyer will consider two aspects when evaluating the case to determine if there evidence of medical negligence and how severe the injury is.

Attorneys will often consult with medical experts to determine if the injury was the result of medical malpractice. They will look over all records related to the childbirth, pregnancy and medical treatment for injuries. They will also be able to assess the effect of the injuries suffered by the child on their future.

The experts will assist the lawyer decide which medical providers should be named in the lawsuit. The lawyer will send a letter asking the medical providers and insurers to respond to the complaint. A good birth injury attorney will know how to negotiate with the insurance companies and be ready to make the case go to trial should it be necessary.

Parents could be entitled to damages for future and past medical expenses resulting from the injuries suffered by their child. You may also be entitled to damages for pain and suffering. These damages can add up in the event that the child's injuries are serious. A good birth injury attorney can maximize the amount of compensation that is awarded to the parents.

Insurance Companies

While a birth injury lawsuit can't reverse the harm done to your child, it may cover future medical expenses, the cost of therapy or home modifications as well as ongoing support. The costs could seem overwhelming at first, however, a reputable birth injury attorney will work with multiple experts to assess the financial impact of an accident on your family and how much you are entitled to compensation for these expenses.

The first step in a birth injury lawsuit is to establish that the doctor who handled your case had a professional relationship with you and your child, and that they violated this relationship by acting negligently during or before the child's birth. You can easily prove this by obtaining your medical records and hospital bills.

Once this is established, the lawyer will need identify the specific actions performed by the doctor who were negligent and the effect they affected your child's health. A birth injury attorney will know what to look for and where to obtain the medical documentation and expert witness testimony to support your case.

A good birth injury attorney will take care of all the complexities of your case and will not require you to pay out of pocket to pursue justice. They should work on a contingency basis which means that they be paid if they succeed in winning your case. The amount they get is a percentage of the settlement or award you receive.