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

Although medical advances make births more secure than ever however, complications may still occur after the birth of an infant. If you believe your child suffered an unavoidable birth injury, consult an experienced birth injury lawyer right away.

A firm that specializes in cases involving birth injuries will generally advance all legal costs and only get paid when they win compensation for your case.

Damages

Although medical advances have made childbirth much safer than it used to be yet many mothers and babies are still at risk of injuries due to a variety reasons. Head trauma and oxygen deprivation are among the most common. These injuries can result in devastating disabilities like cerebral palsy. An experienced attorney for birth injuries will assist families to receive the compensation they require to cover lifelong medical treatment and support.

Your lawyer will request all medical records and reports related to the injuries sustained by your baby. They may also employ medical experts who will analyze the evidence and provide an official opinion as to whether the medical professionals who delivered your baby violated the standards of care. In the typical scenario, an expert will evaluate the medical treatment provided by defendant to practices typically accepted by medical experts with similar experience and training.

Economic and non-economic damages can be awarded. Economic damages may include medical expenses, lost income and property damage. Non-economic damages include emotional distress as well as suffering and pain. In rare instances, punitive damages may also be awarded. They are designed to punish the person who is at fault and discourage similar conduct in the future. These are separate from the compensatory damages which are granted to recover actual losses.

Medical Experts

While advances in medicine have made childbirth safer than ever before, there are still some risks for both mother and baby. It is the responsibility of nurses and doctors involved in the birth process to be professional and avoid making mistakes that could have devastating consequences for the health of both parties. Parents may sue for damages if nurses and doctors do not behave professionally during a delivery.

A birth injury lawyer will be in close contact with you throughout the entire duration of your case, from the initial consultation until the final resolution. They will gather evidence from you, such as medical records and witness testimonies and also get expert opinions from many sources, including other doctors and specialists.

The experts will go over all the evidence and provide a formal opinion on whether the injuries occurred due to medical negligence. The lawyer will then use this to determine how to proceed.

If the medical expert confirms that a mistake occurred, your lawyer will file suit against the accountable parties. This typically consists of the obstetrician who was in charge of your pregnancy and delivery and any nurses or surgeons who assisted during the delivery as well as the hospital in which the birth took place.

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

Prepare for trial

A birth injury lawyer will take on any case where the baby suffered injuries as a result of doctor negligence, either prior to or during or shortly after the birth. The lawyer will examine two aspects when analyzing the case to determine if there is evidence of medical negligence and how severe the injury.

Often, lawyers will consult with medical experts to determine if a medical error led to the injury. Experts will carefully review the records of the pregnancy, birth of the child and the medical treatment that was received for the injuries that occurred afterward. They will also be able to analyze the effects of injuries on the child as well as his or her future.

The experts will assist the lawyer in determining the medical providers to be named as defendants in the lawsuit. The lawyer will then send a letter the medical providers and their insurance companies inquiring them to respond to the claim. A good birth injury attorney will be able to negotiate with the insurance companies and will be prepared to take the case to trial if needed.

Parents may be entitled to damages for past and future medical expenses related to their child's injuries. You may also receive damages for the pain and suffering you have endured. These damages can be substantial when the child's injuries were severe. A good birth injury attorney will be able to maximize the amount of money that is awarded to parents.

Insurance Companies

A birth injury lawsuit can't undo the damage done to your child, but it could cover future medical costs therapy, home modifications and ongoing support. These costs can seem overwhelming, but a knowledgeable birth injury lawyer will work with a team of experts to assess the financial impact on your family of an injury that you suffered and the amount of compensation you are entitled to.

To make a claim for birth injuries it is necessary to prove that your doctor and your child shared a professional relationship and that they breached that relationship by acting negligently before or during your child's birth injury lawsuits. 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 that were negligent and the effect they had on the health of your child. A birth injury lawyer will know where to find the medical evidence or expert witness testimony, birth injury attorney as well as other evidence needed to prove your claim.

A good birth injury attorney will handle all the complexities of your case. They should never ask you to pay out of your pocket to seek justice. They should work on a basis of contingency fees which means they only get paid if they win your case and the amount they get is a percentage of the settlement or award you receive.