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

Although medical advances make childbirth more secure than ever before however, complications may still occur following the birth of a baby. If you suspect your child has suffered an injury during birth that could have been avoided by contacting a Birth Injury Lawyers injury lawyer right away.

A firm that is specialized in birth injury cases will typically advance all costs associated with a lawsuit and only get paid when they win the case.

Damages

While medical advances made childbirth safer than ever before but mothers and infants are at a higher risk of injury for a number of reasons. These include oxygen deprivation, head trauma and infections. These injuries can result in permanent and devastation to the body such as cerebral palsy. A skilled birth injury lawyer can assist families in obtaining compensation for the lifelong treatment and medical care they require.

Your lawyer will request all relevant medical records and reports relating to the injury your baby sustained. The attorney may also hire medical experts who will review the evidence and give a formal opinion on whether the medical professionals who delivered your child violated the standard care. In a typical case an expert will compare the medical care provided by the defendant with the standard practices used by other medical professionals who have similar training and experience.

Damages may be awarded for economic and non-economic losses. Economic damages include medical expenses, lost income and property damage. Non-economic damages include emotional distress and suffering. In rare cases punitive damages could also be awarded. These are intended to punish the at-fault party and prevent similar behavior in the future. They are different from compensatory damages given to compensate for actual losses.

Medical Experts

Although advances in medicine have made childbirth more secure than ever, the process still involves some risk for both baby and mother. It is up to the doctors and nurses who are involved in the delivery to behave in a professional manner and avoid making mistakes that could cause catastrophic harm for the health of both parties. If they fail to follow through and cause a birth injury, parents can seek compensation for their damages.

From the initial consultation to the final resolution A birth injury lawyer will closely assist you with your case. They will gather evidence from you, such as witness testimony and medical records. They will also get expert opinions from other sources, including doctors and specialists.

They will look over all the evidence and provide an official opinion as to whether the injuries were due to medical negligence. This will be used by the lawyer to decide how to proceed.

If the medical expert confirms that a mistake was committed the lawyer will file suit against the accountable parties. This includes the obstetrician in charge of your pregnancy, and any surgeons, nurses or hospital staff who helped during the delivery.

Lawsuits can be expensive due to the numerous fees, including the cost of documents, expert witnesses, and depositions. Your lawyer will pay these expenses, and reimburse you after they have settled your case.

Preparing for the Trial

A birth injury lawyer will work on any case where the baby suffered injuries due to a doctor's negligence, before, during, or shortly after the birth. The lawyer will take into consideration two things when reviewing the case in determining whether there evidence of medical negligence and how severe the injury is.

Attorneys often consult medical experts to determine whether the injury was the result of medical negligence. These experts will review all documents related to childbirth, pregnancy and medical treatment for injuries. They will also be able to assess the impact of the injuries on the child as well as his or her future life.

The experts will help the lawyer determine the medical providers that should be included in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurers and ask them to respond to the lawsuit. A reputable birth injury lawyer will know how to negotiate with insurance companies, and be prepared to take on trial should it be necessary.

Parents may be entitled to damages for past and future medical expenses arising from the injuries sustained by their child. You may also be entitled to damages for your pain and suffering. These damages can be significant particularly if the child's injuries were serious. A reputable birth injury lawyer will maximize the amount of compensation given to parents.

Insurance Companies

A birth injury lawsuit isn't able to undo the damage done to your child but it can cover future medical expenses therapies, home modifications, and ongoing support. The costs could seem daunting, but a skilled birth injury lawyer will work with several experts to determine the financial impact on your family of an injury that you suffered and the amount of compensation you are entitled to.

The first step in a birth injury claim is to prove that the doctor involved in your case had an professional relationship with you and your child. They must also prove that they breached the relationship by acting negligently either prior to or after your child's delivery. This is easy to prove through the collection of your medical documents and hospital bills.

Once this is established the lawyer needs to determine what specific actions the doctor took that were negligent and how these affected your child's health. A birth injury lawyer will know where to get the medical records or expert witness testimony, as well as other evidence needed to prove your claim.

A good birth injury attorney will take care of all the complexities of your case and will never require you to pay out of pocket to pursue justice. They should be willing and able to work on an hourly 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.