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

Although medical advances make birthing safer than ever before, complications can still arise during and after the birth of a baby. If you believe your child suffered injuries to the birth that could have been prevented from happening, consult a birth injury lawyer right away.

A firm that specializes in birth injury cases generally will advance all costs associated with a lawsuit and only receive payment if they are awarded the case.

Damages

While medical advances made childbirth more secure than it was before but mothers and babies are still at high risk of injury due to variety reasons. These include oxygen deprivation head trauma, and infections. These injuries can lead to permanent and devastation to the body like cerebral palsy. A skilled lawyer for birth injuries can help families get compensation for the lifelong medical and treatment they require.

Your lawyer will request all medical records and reports that relate to the injury suffered by your baby. The attorney will also employ medical experts to examine the evidence and give a formal opinion about whether the medical personnel involved in your baby's delivery violated the standard of care. In a typical situation, an expert will compare the medical care offered by the defendant with the practices commonly accepted by other medical professionals with similar education and experience.

Economic and non-economic damages may be awarded. Economic damages are for expenses including future and present medical bills, lost income, and property loss. Non-economic damages include emotional distress and suffering and pain. In rare instances, punitive damages can also be awarded. These are designed to punish the party at fault and discourage similar behavior in the future. They are distinct from compensatory damages that are awarded to cover actual losses.

Medical Experts

While medical advances have made childbirth more secure than ever before, the process still poses a risk for both mother and child. It is the responsibility of doctors and nurses involved in a birth to behave in a professional manner and avoid mistakes that could result in devastating consequences for the health of both parties. When they fail to do this and cause birth injuries parents can seek compensation for their damages.

From the initial consultation to the final resolution From the initial consultation to the final resolution, a lawyer for Birth Injury Lawyers injuries will closely work on your case. They will collect evidence from you, like witness testimony and medical records. They will also get expert opinions from other sources including doctors and specialists.

The experts will go over all the evidence, and provide an official opinion as to whether the injuries are by medical negligence. The lawyer will use this to decide how best to proceed.

If the medical expert agrees that there was a malpractice then your lawyer will file a lawsuit against the responsible parties. This includes the obstetrician in charge of your pregnancy, and any surgeons, nurses or birth Injury lawyers hospital personnel who helped during the delivery.

Lawsuits can be expensive because of the many fees like the cost of records, expert witnesses, and depositions. Your lawyer will advance these costs and pay you back once they have negotiated a settlement on your behalf.

Prepare for trial

A birth injury lawyer will take every case where the baby was injured due to a doctor's negligence, before or during or shortly after the birth. The attorney will look at two aspects when evaluating the case whether there is evidence of medical negligence and how severe the injury is.

Often, attorneys consult with medical experts to determine if medical malpractice led to the injury. The experts will carefully examine records from the pregnancy, birth of the child and the medical treatment received for the injuries afterward. They will also be able to determine the effects of the injuries suffered by the child on their future.

The experts will assist the lawyer identify the medical providers that should be included in the lawsuit. The lawyer will send a letter to the medical providers and their insurance companies and ask them to respond to the lawsuit. A reputable birth injury lawyer will know how negotiate with insurance companies and be prepared to take on trial if needed.

Parents could be entitled to damages for past and future medical expenses resulting from their child's injuries. You may also receive damages for your pain and suffering. These damages can be significant particularly if the child's injuries are severe. A skilled birth injury lawyer can increase the amount of money awarded to parents.

Insurance Companies

A birth injury lawsuit isn't able to undo the damage done to your child but it could help cover future medical expenses, therapy, home modifications, and ongoing support. The costs could seem overwhelming at first, but a competent birth injury lawyer will work with multiple experts to estimate the financial impact of an accident on your family and the amount you are entitled to compensation for these expenses.

The first step in a birth injury lawsuit is to prove that the doctor who handled your case had an professional relationship with you and your child and that they breached that relationship by acting negligently before or during your child's delivery. It is easy to establish this by obtaining your medical bills and hospital bills.

Once this is established, the lawyer will need identify the specific actions taken by the doctor that were negligent and the impact they had on your child's wellbeing. A birth injury lawyer can help you locate the medical evidence or expert witness testimony, as well as other evidence necessary to prove your claim.

A good birth injury lawyer can handle the entire complexity of your case and should never require you to come out of your pocket to seek justice. They must be able to work on the basis of a contingent fee. This means that they only get paid when they win your case, and their fee is a proportion of the settlement or award.