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

While advances in medicine make childbirth safer than ever however, complications can still happen after the birth of an infant. If you believe your child was injured due to a birth injury, speak to an experienced birth injury attorney immediately.

A firm that concentrates on birth injury cases will typically advance all litigation expenses and only pay if they obtain an award in your case.

Damages

Although medical advances have made childbirth a lot safer than it was previously but many mothers and their babies are still susceptible to injuries resulting from a variety reasons. These include oxygen deprivation, head trauma, and infections. These injuries can cause permanent and traumatic disabilities including cerebral palsy. A good birth injury lawsuits injury attorney can assist families in obtaining the compensation they need to cover the cost of lifelong treatment and care.

Your lawyer will ask for all relevant medical records and reports related to the injury your baby sustained. The attorney may also employ medical experts who will review the evidence and give an opinion in writing on whether the medical personnel who delivered your baby violated the standard care. In a typical instance, an expert will examine the medical care offered by the defendant with the practices that are commonly used by other medical professionals who have similar training and experience.

Non-economic and economic damages can be awarded. Economic damages may include medical expenses loss of income, property damage. Non-economic damages can include emotional distress, suffering and pain. In rare cases punitive damages are also awarded. They are intended to penalize the at-fault party and prevent similar behavior in the future. They differ from compensatory damages that are awarded to cover actual losses.

Medical Experts

While advances in medicine have made childbirth more safe than ever before, there are still certain 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 mistakes that can have devastating consequences for both baby and mother's health. Parents can claim damages if nurses and doctors do not behave professionally during a delivery.

A birth injury attorney will work closely with you throughout the entire duration of your case, starting from the initial consultation to the final resolution. They will collect evidence from you such as medical records and witness testimony as well as seek expert opinions from numerous sources including other doctors and birth injury attorney specialists.

They will look over the evidence and offer a formal opinion as to whether the injuries were caused by medical negligence. The lawyer will then use this information to determine the best way to proceed.

If a medical professional agrees with you that malpractice was committed, your lawyer will file suit against the parties at fault. This includes the obstetrician who was in charge of your pregnancy, any nurses, surgeons, or hospital personnel who assisted during the birth.

Lawsuits can be expensive due to the numerous fees, including those for records, expert witnesses, 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 will take on cases where the baby suffered injuries because of negligence by a doctor before or shortly after the birth. When examining the case, the lawyer will take into consideration two things: whether or not there is evidence of medical negligence as well as the extent of the injury.

Attorneys often consult medical experts to determine whether the injury was the result of medical malpractice. These experts will carefully review the records of the pregnancy, birth of the child and the medical treatment received for the injuries afterward. They will also be able to assess the effect of the injuries sustained by the child on their future.

The experts will help the lawyer determine which medical professionals are to be named as defendants in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurers inquiring them to respond to the claim. A good birth injury attorney will be able to negotiate with the insurance companies and will be ready to make the case go to trial should it be necessary.

Parents may be entitled to damages for future and past medical expenses resulting from the injuries sustained by their child. They may also be able to claim damages for pain and suffering. These damages can be significant particularly if the child's injuries were severe. A good birth injury attorney can maximize the compensation awarded to the parents.

Insurance Companies

While a birth injury lawsuit cannot undo what happened to your child, it may help pay for future medical expenses for therapy, the cost, home modifications and on-going support. The costs could seem overwhelming, but a seasoned birth injury lawyer will work with a team of experts to assess the financial impact on your family's finances from a specific injury 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 your child and you, and that they violated the relationship by acting negligently during or before the birth of your child. This is easy to prove by obtaining your medical documents and hospital bills.

Once this is established the lawyer must determine what specific actions the doctor took that were negligent and how they impacted your child's health. 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 all the complexities of your case and should never require you to come out of pocket to pursue justice. They should be willing and able to work on a contingent fee basis. This means that they will only be paid if they win your case and their fee is a percentage from the settlement or award.