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

Although advances in medicine make birthing safer than ever before but complications can still occur during and after the birth of the baby. If you suspect that your child suffered a preventable Birth injury lawyers injury, contact an experienced birth injury lawyer right away.

A firm that is specialized in birth injury cases will generally advance all lawsuit expenses and only receive payment if they are awarded the case.

Damages

Although medical advances have made childbirth safer than it used to be yet many mothers and babies are still susceptible to injuries resulting from a variety reasons. These include oxygen deprivation, head trauma and infections. These injuries can cause devastating disabilities such as cerebral palsy. A good birth injury lawyer can assist families in obtaining compensation for the lifelong medical and treatment they require.

Your lawyer will request all medical records and reports relevant to the injuries suffered by your baby. He or she may also employ medical experts to analyze the evidence and give an official opinion as to whether the medical professionals who delivered your baby did not follow the standard of care. In a typical situation, an expert will assess the medical care provided by the defendant to the practices commonly accepted by other medical professionals who have similar experience and training.

Damages may be awarded for economic and non-economic losses. Economic damages 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 instances, punitive damages may also be awarded. They are intended to punish the person who is at fault and discourage similar conduct 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 some risks for both mother and baby. It is the responsibility of nurses and doctors who are involved in the birth to be professional and to avoid making mistakes that can have devastating consequences for both the baby and mother's health. When they fail to act accordingly and cause a birth injury parents may seek compensation for their losses.

A birth injury attorney will be in close contact with you for the duration of your case from the initial consultation until the final resolution. They will collect evidence from you, including witness testimony and medical records. They will also obtain expert opinions from other sources like doctors and specialists.

They will look over all the evidence and give a formal opinion on whether the injuries were caused due to medical negligence. This will be utilized by the lawyer to decide the best way to proceed.

If a medical professional confirms that a mistake occurred the lawyer will file a suit against the responsible parties. This includes the obstetrician in charge of your pregnancy, any nurses, surgeons or hospital staff who assisted during the birth.

The cost of litigation can be quite high as a result of the many fees like the cost of documents, expert witnesses and depositions. Your lawyer will cover these expenses, and reimburse you after they have settled your case.

Prepare for trial

Generally, a birth injury lawyer will take on any case where the infant was injured due to doctor negligence before, during or shortly after delivery. When examining the case, the lawyer will take into consideration two aspects: whether there are any evidences of medical negligence, as well as the severity of the injury.

In most cases, attorneys consult with medical experts to determine whether medical malpractice caused the injury. These experts will review all records pertaining to the birth, pregnancy, and medical treatment for injuries. They will also be in a position to evaluate the impact of the injuries sustained by the child on their future.

The experts will assist the lawyer to determine which medical providers should be included in the lawsuit. The lawyer will then send a letter to the medical providers and their insurance companies inquiring them to respond to the lawsuit. A reputable attorney for birth injuries will be able to negotiate with the insurance companies and be ready to bring the case to trial if necessary.

Parents may be entitled for damages for future and past medical expenses that result from the injuries of their child. You may also receive damages for pain and suffering. These damages can be substantial when the child's injuries were severe. An experienced birth injury lawyer can help maximize the amount of money that is awarded to parents.

Insurance Companies

A birth injury lawsuit isn't able to repair the harm caused to your child, but it can help pay for future medical costs therapies, home modifications and ongoing support. The costs could seem overwhelming, but a seasoned birth injury lawyer will collaborate with a variety of experts to determine the financial impact on your family of the injury you sustained and the amount of compensation you are entitled to.

The first step in a birth injury lawsuit is to prove that the doctor involved in your case had an official relationship with you and your child. They must also prove that they violated the relationship by acting negligently either prior to or after the child's birth. You can easily prove this by obtaining your medical bills and hospital bills.

Once this is established the lawyer must identify what specific actions the doctor made that were negligent and how these impacted your child's health. A birth injury lawyer will know what to look for and where to get the medical documentation and expert witness testimony needed to establish your case.

A reputable birth injury lawyer will handle all the complexities of your case and will not require you to pay out of pocket to pursue justice. They should be willing to work on a contingent fee basis which means that they be paid if they succeed in winning your case and the amount they earn is a portion of the settlement or award you receive.