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

Although advances in medicine have made birthing safer than ever before but complications can still occur after the birth of an infant. If you believe your child suffered an unavoidable birth injury, consult an experienced birth injury attorney immediately.

A firm specializing in birth injury cases will typically finance all litigation costs and only be paid when they are successful in winning settlement in your case.

Damages

While medical advances have made childbirth more secure than ever before but many mothers and their infants are at a higher risk of injury due to number of reasons. Trauma to the head and oxygen deprivation are among the most frequent. These injuries can result in long-lasting and devastating disabilities, including cerebral palsy. A good birth injury attorney can assist families in obtaining the compensation they require to cover lifelong medical treatment and support.

Your lawyer will request all medical records and reports relevant to the injury of your baby. He or she may employ medical experts to review the evidence and give an official opinion as to whether the medical professionals who delivered your baby violated the standard care. In a typical case an expert will compare medical care provided by defendant to practices commonly accepted by medical professionals who have the same experience and education.

Non-economic and economic damages can be awarded. Economic damages include medical costs, lost income and property damage. Non-economic damages include emotional distress and suffering and pain. In rare cases punitive damages may also be awarded. They are intended to punish the party at fault and deter similar behavior in the future. They are separate from compensatory damages which are granted to recover actual losses.

Medical Experts

Although advances in medicine have made childbirth more safe than ever before, there are certain risks for both mother and baby. It is up to the doctors and nurses involved in a birth to behave professionally and avoid making mistakes that could cause catastrophic harm for the health of both parties. Parents may sue for damages if doctors and nurses do not behave professionally during a delivery.

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

These experts will review the evidence and provide a formal opinion as to whether the injuries were caused by medical negligence. The lawyer will then use this to determine how to proceed.

If a medical professional believes that a malpractice occurred Your lawyer will file a suit against the responsible parties. This typically consists of the obstetrician responsible for the delivery and pregnancy, any nurses or surgeons who assisted in the delivery as well as the hospital where the birth occurred.

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

Preparing for the Trial

A birth injury lawyer will work every case where the baby was injured due to a doctor's negligence, prior to or during or shortly following delivery. The lawyer will take into consideration two things when reviewing the case whether there evidence of medical negligence and the severity of the injury.

Attorneys frequently consult with medical experts to determine whether the injury was the result of medical negligence. Experts will carefully review the records of the pregnancy, birth of the child and the medical treatment given to the injuries afterward. They will also be able to analyze the effects of injuries on the child as well as his or her future life.

The experts will assist the lawyer in identifying which medical providers are to be named as defendants in the lawsuit. The lawyer will send an inquiry letter to medical providers and insurers to respond to the complaint. A good birth injury attorney will be able to negotiate with insurance companies and will be prepared to bring the case to trial if necessary.

Parents may be entitled for damages for past and future medical costs related to the injuries suffered by their child. They could also be awarded damages for suffering and pain. These damages can add up when the child's injuries are serious. A good birth injury attorney will be able to maximize the amount of compensation that is paid to the parents.

Insurance Companies

While a birth injury lawsuit will not reverse the damage that occurred to your child, it could help pay for future medical expenses and the cost of therapy or home modifications as well as ongoing support. The costs could seem overwhelming, but a seasoned birth injury lawyer will work 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.

The first step in a birth injury law firm injury lawsuit is to prove that the doctor involved in your case had an established professional relationship with you and your child, and that they breached the relationship by acting negligently during or before your child's delivery. It is easy to establish this by obtaining your hospital bills and medical records.

Once this is established after this is established, the lawyer must identify the specific actions performed by the doctor who was negligent and the effect they had on the health of your child. A birth injury attorney will know what to look for and how to obtain the medical evidence and expert witness testimony needed to support your case.

A good birth injury attorney will handle all the complexities of your case and will never ask you to pay out of your pocket to seek justice. They should work on a contingency basis, meaning that they only be paid if they succeed in winning your case. The amount they earn is a percentage of the settlement or award you receive.