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

Although medical advances make childbirth more secure than ever before, complications can still arise during and after the birth of the baby. If you suspect your child suffered a preventable birth injury, speak to an experienced birth injury lawyer right away.

A firm specializing in birth injury cases is likely to finance all litigation costs and only be compensated when they are successful in winning settlement in your case.

Damages

While advances in medicine have made childbirth more secure than it was previously however, many mothers and infants are still at risk of injuries resulting from a variety reasons. These include oxygen deprivation head trauma and infections. These injuries can result in devastating disabilities, such as cerebral palsy. A skilled lawyer for birth injuries can help families get compensation for the ongoing medical and treatment they require.

Your attorney will request all pertinent medical records and reports relating to your baby's injuries. They may employ medical experts to review the evidence and provide an official opinion as to whether the medical professionals who delivered your baby did not follow the standard of care. In a typical case, an expert will examine the medical care provided by defendant to practices generally accepted by medical professionals with similar experience and training.

Economic and non-economic damages are able to be awarded. Economic damages include medical costs, lost income, and property damage. Non-economic damages include emotional distress and pain and suffering. In rare cases punitive damages could also be awarded. These are designed to punish the at-fault party and deter similar behavior in the future. These are separate from the compensation damages that are granted to recover actual losses.

Medical Experts

While medical advances have made childbirth more secure than ever before, the process remains a risky one for mother and baby. It is the responsibility of the nurses and doctors who are involved in the delivery to behave in a professional manner, and to avoid mistakes that could have disastrous consequences for both the baby's and mother's health. Parents can be able to sue for damages if the nurses and doctors are not professional during the delivery.

A birth injury lawyer will work closely with you for the duration of your case, beginning from the initial consultation through to the final resolution. They will collect evidence from you like medical records and witness testimony, and also obtain expert opinions from a variety of sources including other doctors and specialists.

These experts will review the evidence and provide a formal opinion as to whether the injuries were caused by medical negligence. This will be used by the lawyer to decide on the best way to proceed.

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

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

Prepare for Trial

In general, a birth injury lawyer is a person who handles any case where the infant suffered injuries due to negligence of a doctor prior to, during or shortly after the birth. When reviewing the case, the lawyer will take into consideration two things: whether there are any indications of medical negligence, as well as the extent of the injury.

Often, lawyers will consult with medical experts to determine if medical negligence led to the injury. Experts will examine all records related to the birth, pregnancy, and medical treatment for injuries. They will also be able to evaluate the impact of the injuries suffered by the child on their future.

The experts will assist the lawyer in identifying which medical providers are to be named as defendants in the lawsuit. The lawyer will then send an email to the medical providers and insurers to respond to the claim. A good birth injury lawyers injury lawyer will be able to negotiate with insurance companies, and be prepared to go to trial if necessary.

Parents may be entitled for damages for future and past medical expenses related to the injuries sustained by their child. Additionally, you could be awarded damages for your pain and suffering. The amount of damages could be substantial particularly if the child's injuries are severe. A good birth injury lawyer can maximize the amount of compensation paid to parents.

Insurance Companies

While a birth injury lawsuit cannot undo what happened to your child, it may pay for future medical expenses, the cost of therapy or home modifications as well as ongoing support. These costs may seem overwhelming, but a seasoned birth injury lawyer will collaborate with a variety of experts to determine the financial impact on your family due to a specific injury and how much compensation you are entitled to.

The first step in a birth injury claim is to prove that the doctor involved in your case had an professional relationship with you and your child, and that they violated the relationship by acting negligently before or during your child's delivery. This can be easy to prove by obtaining your medical records and hospital bills.

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

A good birth injury attorney will take care of the many complexities of your case and will never ask you to pay out of pocket to pursue justice. They should work on a contingency fee basis which means that they receive compensation if they prevail in your case. The amount they receive is a percentage of the settlement or award you receive.