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

Complications are still possible during and after a child's birth, despite medical advances making it safer than ever. If you believe your child suffered from a preventable birth injury, you should contact an experienced birth injury attorney immediately.

A firm that is specialized in birth injury cases will typically advance all lawsuit expenses and only be paid if they win compensation for your case.

Damages

Although advances in medicine have made childbirth more secure than ever before however, mothers and their babies are still at high risk of injury due to a variety of reasons. The lack of oxygen and head trauma are among the most frequent. These injuries can cause permanent and traumatic disabilities such as cerebral palsy. A good birth injury attorney will assist families to receive the compensation they require to pay for lifelong treatment and care.

Your lawyer will request all relevant medical records and reports relating to your baby's injury. He or she will also employ medical experts to review the evidence and provide an official opinion on whether the medical experts involved in your baby's delivery violated the standard of medical care. In a typical situation, an expert will evaluate the medical treatment offered by the defendant with practices typically accepted by medical experts with similar experience and training.

Damages can be awarded for both economic and non-economic losses. Economic damages include medical costs as well as lost income and property damage. Non-economic damages include emotional distress as well as pain and suffering. In rare cases punitive damages may also be awarded. They are intended to punish the party responsible and discourage similar behavior in the future. They are separate from compensatory damages that are given to compensate for actual losses.

Medical Experts

Even though medical advances have made childbirth safer than ever, the procedure remains a risky one for mother and baby. It is the responsibility of doctors and nurses who are involved in the birth to act professionally, and to avoid making mistakes which could result in devastating consequences for both the baby and mother's health. When they fail to follow through and cause a birth injury parents can seek compensation for their losses.

A birth injury attorney will be in close contact with you for the duration of your case, beginning from beginning with the initial consultation until final resolution. They will gather evidence from you, such as witness testimonies and medical records and will also seek expert opinions from a variety of sources including other doctors and specialists.

They will look over all the evidence and give an official opinion as to whether the injuries were caused by medical negligence. This will be utilized by the lawyer to decide on how to proceed.

If the medical professional agrees that there was a malpractice, your lawyer will file a lawsuit against the guilty parties. This typically consists of the obstetrician who was responsible for your pregnancy and delivery as well as any surgeons or nurses who assisted in the delivery as well as the hospital where the birth occurred.

The costs of a lawsuit can be high due to the cost for expert witnesses, documents, and depositions. Your lawyer will pay these expenses, and reimburse you after they have settled your case.

Prepare for Trial

In general, a birth injuries lawyer will consider cases where the infant was injured due to negligence of a doctor prior to, during or shortly after the birth. The lawyer will take into consideration two factors when analyzing the case whether there evidence of medical negligence, and how severe the injury is.

In most cases, attorneys consult with medical experts to determine whether medical malpractice caused the injury. Experts will carefully review the records of the pregnancy, birth of the child and the medical treatment for the injuries that occurred afterward. They will also be able to evaluate the effects of the injuries on the child and his or her future.

The experts will aid the lawyer in determining which medical professionals are to be named as defendants in the lawsuit. The lawyer will write an inquiry letter to medical providers and insurers to respond to the claim. A good birth injury attorney will be able to negotiate with the insurance companies and be prepared to take the case to trial should it be necessary.

Parents may be entitled to compensation for future and past medical expenses related to the injuries suffered by their child. You may also be entitled to damages for your pain and suffering. These damages can be substantial when the child's injuries were serious. A good birth injury attorney will be able to maximize the amount of money paid to the parents.

Insurance Companies

A birth injury lawsuit can't erase the harm done to your child, but it could help cover future medical costs such as therapy, home improvements, and ongoing support. These expenses may appear overwhelming at first, however, a reputable birth injury lawyer will collaborate with a variety of experts to calculate the financial impact of a specific injury to your family and how much you are legally entitled to receive compensation for these expenses.

To claim a birth injury it is necessary to prove that your doctor and your child had an official relationship and that he or she breached this relationship by committing a negligent act prior to or during the time of your child's birth. You can easily prove this by collecting 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 they affected your child's health. A birth injury attorney will know what to look for and where to obtain the medical records and expert witness testimony to support your case.

A good birth injury attorney can handle the entire complexity of your case. They should never require you to pay out of pocket to pursue justice. They should work on a contingency basis which means that they only be paid if they succeed in winning your case and the amount they earn is a percentage of the settlement or award you receive.