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

Although advances in medicine have made childbirth more secure than ever before but complications can still occur after the birth of a baby. If you suspect your child suffered a preventable birth injury, consult an experienced birth injury attorney right away.

A firm that specializes in birth injury cases generally advances all legal costs and only get paid when they are awarded the case.

Damages

While advances in medicine have made childbirth more secure than ever before but many mothers and their infants are at a higher danger of injury due variety reasons. The lack of oxygen and head trauma are among the most common. These injuries can result in devastating disabilities, such as cerebral palsy. A good birth injury attorney can assist families in obtaining the compensation they require to cover the cost of lifelong treatment and care.

Your attorney will ask for all relevant medical records and reports relating to the baby's injury. The attorney can also engage medical experts who will analyze the evidence and provide an opinion in writing on whether the medical professionals who delivered your baby violated the standards of care. In a typical case an expert will compare the medical treatment provided by the defendant to the practices that are commonly used by other medical professionals with similar qualifications and experience.

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

Medical Experts

While medical advances have made childbirth more safe than ever before, there are still some risks for both the mother and baby. It is up to the doctors and nurses involved in the birth process to behave professionally and avoid mistakes that could have devastating consequences for the health of both parties. Parents may be able to sue for damages if the doctors and nurses fail to behave appropriately during the delivery.

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

They will look over all the evidence and give an official opinion on whether the injuries are due to medical negligence. This will be used by the lawyer to decide on the best way to proceed.

If the medical expert agrees that malpractice was committed then your lawyer will file a lawsuit against the guilty parties. This includes the obstetrician who was in charge of your pregnancy, as well as any nurses, surgeons or hospital staff who were involved in the delivery.

The cost of a lawsuit could be high due to the cost for expert witnesses, evidence, and depositions. Your lawyer will pay these expenses and then reimburse you once they settle your case.

Preparing for a trial

Typically, a birth injury lawyer is a person who handles any case where the infant was injured because of negligence by a doctor before or shortly after the birth. When reviewing the case, the lawyer will look at two things: whether or not there are any indications of medical negligence as well as the severity of the injury.

Attorneys will often consult with medical experts to determine whether the injury was the result of medical malpractice. The experts will carefully examine records from the pregnancy, birth of the child and the medical treatment for the injuries that occurred afterward. They will also be able evaluate the effects of the injuries on the child and the future of the child.

The experts will help the lawyer determine the medical providers who will be named as defendants in the lawsuit. The lawyer will send a 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 insurance companies and will be ready to make the case go to trial if necessary.

Parents could be entitled to damages for future and past medical expenses that result from the injuries suffered by their child. You could also be entitled to compensation for the pain and suffering you have endured. These damages can be significant when the child's injuries were serious. A good birth injury attorney will be able to maximize the amount of money awarded to the parents.

Insurance Companies

A lawsuit for birth injuries can't repair the harm caused to your child but it could cover future medical costs such as therapy, home improvements, and ongoing support. These costs may seem overwhelming at first but a competent birth injury lawyer will work with a variety of experts to estimate the financial impact of a particular injury on your family and what amount you are entitled to be compensated for these expenses.

The first step in a birth injury lawsuits injury claim is to prove that the doctor in your case had an official relationship with you and your child and that they breached the trust by committing a breach before or during the birth of your child. You can easily establish this by obtaining your hospital bills and medical records.

Once this is established After this is established, the lawyer needs to identify the specific actions made by the doctor who were negligent and the effect they caused to your child's well-being. A birth injury attorney will know what to look for and where to obtain the medical evidence and expert witness testimony needed to prove your case.

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