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

While advances in medicine make births more secure than ever however, complications can still happen during and after the birth of the baby. If you suspect that your child suffered an unavoidable birth injury, you should contact an experienced birth injury law firm injury attorney right away.

A firm that specializes in birth injury cases will generally advance all lawsuit expenses and only receive payment if they receive compensation for your case.

Damages

Although medical advances have made childbirth more secure than it was previously however, many mothers and infants are still at risk for injuries due to a variety reasons. The lack of oxygen and head trauma are among the most common. These injuries can lead to long-lasting and devastating disabilities like cerebral palsy. A good birth injury attorney can help families get the compensation they need to fund lifelong care and support.

Your attorney will ask for all medical records and reports that relate to the injuries suffered by your baby. He or she will also hire medical experts to analyze the evidence and give an official opinion as to whether the medical experts involved in your baby's delivery did not meet the standards of care. In a typical case an expert will compare medical care offered by the defendant with practices typically accepted by medical experts with similar training and experience.

Economic and non-economic damages can be awarded. Economic damages include medical expenses as well as lost income and property damage. Non-economic damages include emotional distress and pain and suffering. In rare cases punitive damages could also be awarded. They are designed to punish the responsible party and discourage similar behaviour in the future. They are separate from compensatory damages awarded to cover actual losses.

Medical Experts

While medical advances have made childbirth safer than ever before, there are still certain risks for both mother and baby. It is the responsibility of the nurses and doctors involved in the birth to behave professionally and to avoid mistakes which could result in devastating consequences for both the baby's and mother's health. If they fail to follow through and cause a birth injury parents may seek compensation for their losses.

A birth injury attorney will work closely with you throughout the duration of your case, beginning from the initial consultation to the final resolution. They will gather evidence from you, like witness testimony and medical records. They will also solicit expert opinions from other sources including doctors and specialists.

They will look over all the evidence and provide an official opinion as to whether the injuries were caused because of medical negligence. The lawyer will then use this information to determine the best way to proceed.

If the medical expert confirms that a mistake was committed Your lawyer will file suit against the parties at fault. This typically includes the obstetrician who was in charge of the delivery and pregnancy and any nurses or surgeons who assisted during the delivery, as well as the hospital where the birth occurred.

The cost of litigation can be quite high due to the many fees like those for documents, expert witnesses, and depositions. Your lawyer will cover these costs and reimburse you once they have negotiated settlement on your behalf.

Prepare for trial

Generally, a birth injury lawyer takes any case in which the baby suffered injuries because of negligence by a doctor before or shortly after the birth. The attorney will look at two things when reviewing the case: whether there is evidence of medical negligence, and the severity of the injury.

Attorneys frequently consult with medical experts to determine if the injury was caused by medical negligence. They will review records from the pregnancy, birth of the child and the medical treatment for the injuries following. They will also be able to evaluate the impact of the injuries sustained by the child on his or her future.

The experts will assist the lawyer in determining which medical professionals are to be named as defendants in the lawsuit. The lawyer will then send a letter the medical providers and their insurers inquiring them to respond to the claim. A good birth injury attorney will know how to negotiate with insurance companies and will be prepared to bring the case to trial if necessary.

Parents may be entitled to damages for past and future medical costs related to the injuries suffered by their child. You may also be entitled to damages for the pain and suffering you have endured. These damages can add up in the event that the child's injuries are serious. A good birth injury attorney can maximize the amount of compensation paid to the parents.

Insurance Companies

While a birth injury lawsuit will not reverse the damage that occurred to your child, it could cover future medical expenses for therapy, the cost, home modifications and on-going support. These expenses may seem overwhelming at first, but a good birth injury attorney will work with multiple experts to assess the financial impact of any injury to your family and the amount you are entitled to compensation for these costs.

The first step in a birth injury lawsuit is to establish that the doctor in your case had a professional relationship with you and your child and that they breached that relationship by acting negligently either prior to or after your child's delivery. This is easy to prove through the collection of your medical documents and hospital bills.

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

A good birth injury attorney will take care of the many complexities of your case and will not require you to pay out of your pocket to seek justice. They should be able and willing to work on the basis of a contingent fee. This means they will only be paid if they win your case, and their fee is a percentage from the settlement or award.