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

Although medical advances make birthing safer than ever before however, complications can still happen in the course of birth and after the birth of an infant. If you believe your child suffered a preventable birth injury, speak to an experienced birth injury attorney right away.

A firm that specializes in cases involving birth injuries generally advances the entire cost of a lawsuit. They will only receive payment if they win compensation for your case.

Damages

While advances in medicine have made childbirth safer than it used to be however, many mothers and infants are still at risk for injuries due to a variety reasons. Head trauma and oxygen deprivation are among the most frequent. These injuries can lead to devastating disabilities, 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 lawyer will ask for all relevant medical records and reports relating to your baby's injury. The attorney may also hire medical experts who will analyze the evidence and provide an opinion in writing on whether the medical professionals who delivered your baby violated the standards of care. In a typical case, an expert will evaluate the medical treatment offered by the defendant with practices generally accepted by medical experts with similar training and experience.

Damages can be awarded for economic and non-economic losses. Economic damages cover expenses such as current and future medical bills, lost income and property losses. Non-economic damages include emotional distress as well as suffering and pain. In rare circumstances, punitive damages are also awarded. They are intended to punish the person who is at fault and discourage similar behavior in future. They are distinct from compensatory damages, which are awarded to recover the actual losses.

Medical Experts

While medical advances have made childbirth more safe than ever before, there are still some risks for both the mother and baby. It is the responsibility of the doctors and nurses who are involved in the birth to behave in a professional manner, and to avoid mistakes that could cause devastating harm for both baby and mother's health. Parents can claim damages if doctors and nurses fail to act professionally during a delivery.

A birth injury attorney will be in close contact with you throughout the duration of your case, beginning from the initial consultation through to the final resolution. They will collect evidence from you, including witness testimony and medical records. They will also seek expert opinions from other sources like doctors and specialists.

They will look over all evidence and provide an opinion in writing on whether the injuries were caused because of medical negligence. The lawyer will use this to decide how best to proceed.

If the medical expert is of the opinion that there was a malpractice, your lawyer will file an action against the accountable parties. This usually includes the obstetrician who was in charge of your pregnancy and delivery and any nurses or surgeons who assisted in the delivery and the hospital where the birth took.

Lawsuits can be expensive because of the many costs, such as the cost of documents, expert witnesses and depositions. Your lawyer will pay these expenses, and reimburse you after they have settled your case.

Preparing for a trial

A birth injury lawyer will take on any case where the baby suffered injuries due to a doctor's negligence, whether before or during or shortly after delivery. When reviewing the case the lawyer will be looking at two aspects: 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 if medical negligence caused the injury. Experts will examine all documentation related to childbirth, pregnancy and medical treatment for injuries. They will also be able examine the effects of the injuries on the child as well as their future.

The experts will assist the lawyer to determine which medical providers should be included in the lawsuit. The lawyer will then send a letter the medical providers and their insurance companies and ask them to respond to the claim. A good birth injury attorney will be able to negotiate with the insurance companies and will be ready to take the case to trial if needed.

Parents may be entitled to compensation for future and past medical expenses related to their child's injuries. You could also be entitled to compensation for the pain and suffering you have endured. These damages can be substantial particularly if the child's injuries were serious. A good birth injury attorney can help maximize the amount of compensation that is awarded to parents.

Insurance Companies

Although a lawsuit for birth injuries can't reverse the harm done to your child, it could cover future medical expenses, the cost of therapy or home modifications as well as ongoing support. These costs may seem daunting, but a skilled birth injury lawyer will collaborate with a variety of experts to determine the financial impact on your family of an injury, and how much compensation you are entitled to.

To claim a birth injuries first, you must prove that your doctor and your child shared an professional relationship, and that they breached that relationship by acting negligently before or during your child's birth. This is easy to prove by obtaining your medical records and hospital bills.

Once this is established after this is established, the lawyer must determine the specific actions taken by the doctor who was negligent and the effect they had on your child's wellbeing. A birth injury attorney will know what to look for and where to get the medical evidence and expert witness testimony needed to establish your case.

A good birth injury attorney will handle all the complexities of your case. They should never require you to pay out of pocket to pursue justice. They should be willing to work on a contingency fee basis which means that they be paid if they succeed in winning your case. The amount they receive is a percentage of the settlement or award you receive.