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

The risk of complications can be present in the course of a child's birth despite the advancements in medicine making it more secure than ever. If you suspect that your child suffered a preventable birth injury, consult an experienced birth injury lawyer immediately.

A firm that specializes in cases involving birth injuries generally will advance the entire cost of a lawsuit. They will only get paid when they are awarded the case.

Damages

While medical advances have made childbirth safer than ever before however, mothers and their babies are still at high risk of injury due to number of reasons. This includes oxygen deprivation, head trauma and infections. These injuries can cause devastating disabilities such as cerebral palsy. An experienced birth injury lawyer can help families receive the compensation they need to cover lifelong medical treatment and care.

Your lawyer will seek all relevant medical records and reports relating to the injury your baby sustained. The attorney can also hire medical experts who will analyze the evidence and give an official opinion as to whether the medical professionals who delivered your baby have violated the standards of care. In a typical case an expert will evaluate the medical treatment provided by the defendant to methods typically accepted by medical professionals with similar experience and training.

Damages are awarded for economic and non-economic losses. Economic damages can cover expenses including future and present medical bills, lost income, and property loss. Non-economic damages include emotional distress as well as suffering and pain. In rare cases punitive damages may also be awarded. They are intended to penalize the party at fault and discourage similar conduct in the future. They are distinct from compensatory damages which are awarded to compensate for actual loss.

Medical Experts

Although advances in medicine have made childbirth more secure than ever, the procedure still involves some risk for both the mother and the baby. It is the responsibility of doctors and nurses involved in the birth process to be professional and avoid mistakes that could result in devastating consequences for the health of both parties. Parents may sue for damages if doctors and nurses do not behave professionally during the delivery.

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

The experts will analyze the evidence and provide a formal opinion as to whether the injuries were the result of medical negligence. The lawyer will use this information to determine the best way to proceed.

If a medical professional is of the opinion that there was a malpractice, your lawyer will file a lawsuit against those responsible parties. This usually includes the obstetrician who was in charge of the delivery and pregnancy and any nurses or surgeons who helped during the delivery as well as the hospital in which the birth took place.

Lawsuits can be expensive as a result of the many fees such as those for records, expert witnesses, and depositions. Your lawyer will pay for these expenses, and reimburse you once they settle your case.

Preparing for Trial

A birth injury lawyer will work on any case in which the baby suffered injuries due to a doctor's negligence, whether before, during, or shortly following delivery. The lawyer will examine two aspects when analyzing the case in determining whether there evidence of medical negligence, and how serious the injury.

Attorneys often consult with medical experts to determine if the injury was caused by medical malpractice. Experts will examine all documents related to childbirth, pregnancy and medical treatment for injuries. They will also be in a position to assess the effects of the injuries suffered by the child on his or birth injury lawyer her future.

The experts will assist the lawyer determine which medical professionals should be included in the lawsuit. The lawyer will then send a letter the medical providers and their insurance companies asking them to respond to the lawsuit. A reputable birth injury lawyer will know how to negotiate with the insurance companies and be prepared to bring the case to trial if needed.

Parents may be entitled to damages for future and past medical expenses related to their child's injuries. You could also be entitled to compensation for pain and suffering. These damages can be substantial particularly if the child's injuries were serious. An experienced birth injury lawyer can help maximize the amount of compensation that is given to parents.

Insurance Companies

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

To file a claim for birth injury, you must first prove that your doctor and your child had an official relationship and that they breached that relationship by acting negligently before or during your child's birth. It is easy to prove this by obtaining your medical bills and hospital bills.

Once this has been established the lawyer will have to identify the specific actions the doctor took that were negligent and how these affected your child's health. A birth injury lawyer will know what to look for and where to obtain the medical documentation and expert witness testimony needed to prove your case.

A reputable birth injury lawyer will take care of all the complexities of your case and will never require you to come out of your pocket to seek 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 earn is a percentage of the settlement or award you receive.