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

Although medical advances make childbirth safer than ever however, complications may still occur during and after the birth of an infant. If you suspect your child has suffered a birth injury that could have been avoided from happening, consult a birth injury lawyer immediately.

A firm that is specialized in birth injury cases generally will advance the entire cost of a lawsuit. They will only be paid if they are awarded the case.

Damages

While medical advances made childbirth safer than ever before but mothers and infants are at a higher risk of injury for a variety of reasons. This includes oxygen deprivation, head trauma and infections. These injuries can lead to devastating disabilities, such as cerebral palsy. A skilled birth injury lawyer will assist families to receive the compensation they require to fund lifelong care and support.

Your lawyer will request all medical records and other reports pertaining to the injuries suffered by your baby. He or she may employ medical experts who will review the evidence and give an official opinion on whether the medical professionals who delivered your baby did not follow the standards of care. In a typical situation, an expert will compare medical care offered by the defendant with practices generally accepted by medical professionals with similar experience and training.

Economic and non-economic damages can be awarded. Economic damages cover expenses including future and present medical bills, lost income and property loss. Non-economic damages include emotional distress and suffering and pain. In rare instances, punitive damages can also be awarded. They are intended to penalize the at-fault party and birth injury lawyer deter similar behavior in the future. They are separate from compensatory damages granted to recover actual losses.

Medical Experts

Even though medical advancements have made childbirth safer than ever before, there are still some risks for both mother and baby. It is up to the nurses and doctors who are involved in the delivery to behave professionally and avoid making mistakes which could have catastrophic consequences for the health of both parties. If they fail to follow through and cause birth injuries, parents can seek compensation for their losses.

A birth injury lawyer will be in close contact with you throughout the duration of your case, starting from the initial consultation through to the final resolution. They will gather evidence from you, including witness testimonies and medical records, and also obtain expert opinions from a variety of sources including other doctors and specialists.

They will look over the evidence and give a formal opinion as to whether the injuries resulted from negligence on the part of a medical professional. This will be used by the lawyer to determine what to do next.

If the medical expert agrees that malpractice was committed and your lawyer files a lawsuit against those responsible parties. This typically includes the obstetrician who was responsible for your pregnancy and delivery and any nurses or surgeons who assisted during the birth and the hospital in which the birth took place.

The cost of a lawsuit may be expensive due to the charges for expert witnesses, records, and depositions. Your lawyer will pay for these expenses and then reimburse you once they settle your case.

Preparing for Trial

Typically, a birth injury lawyer is a person who handles any case in which the infant was injured caused by negligence of a doctor prior, during or shortly after the birth. When examining the case, the lawyer will be looking at two things: whether or not there is evidence of medical negligence and the extent of the injury.

Often, the attorneys will consult with medical experts to determine if a medical error led to the injury. The experts will carefully examine the records of the pregnancy, birth of the child and the medical treatment received for the injuries afterward. They will also be in a position to assess the effects of the injuries suffered by the child on his or her future.

The experts will aid the lawyer in determining the medical providers to be named as defendants in the lawsuit. The lawyer will send a letter to the medical providers and their insurers and ask them to respond to the claim. A good birth injury lawyer will be able to negotiate with insurance companies, and be prepared to take on trial if needed.

Parents could be entitled to damages for past and future medical expenses that result from the injuries suffered by their child. You may also be entitled to damages for your pain and suffering. These damages can mount up in the event that the child's injuries are severe. A skilled birth injury lawyer can maximize the amount of compensation given to parents.

Insurance Companies

Although a lawsuit for birth injuries cannot undo what happened to your child, it could be used to pay for future medical expenses, the cost of therapy or home modifications as well as ongoing support. These costs might seem overwhelming at first, however, a reputable birth injury attorney will collaborate with a variety of experts to estimate the financial impact of any accident on your family and the amount you are entitled to receive in compensation for these expenses.

The first step in a birth injury claim is to prove that the doctor who handled your case had an official relationship with your child and Birth injury Lawyer you, and that they violated that 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, the lawyer will need identify the specific actions taken by the doctor who were negligent and the effect they affected your child's health. A birth injury lawyer will know what to look for and where you can get the medical evidence and expert witness testimony to prove your case.

A good birth injury lawyer can handle the entire complexity of your case. They will not require you to pay out of your pocket to seek justice. They must be able and willing to work on an ad-hoc basis. This means that they'll only be paid if they win your case, and their fee is a proportion of the settlement or award.