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

Complications are still possible during and after the birth of a baby despite the advancements in medicine making it more secure than ever. If you suspect that your child suffered an unavoidable birth injury, contact an experienced birth injury attorney immediately.

A firm that specializes on birth injury cases is likely to advance all litigation expenses and only be compensated if they obtain an award in your case.

Damages

Although advances in medicine have made childbirth safer than it used to be yet many mothers and babies are still susceptible to injuries due to a variety reasons. These include oxygen deprivation head trauma, and infections. These injuries can cause permanent and traumatic disabilities such as cerebral palsy. A good birth injury lawyer can help families get compensation for the lifelong medical and treatment they require.

Your attorney will ask for all medical records and reports related to the injury suffered by your baby. He or she may also hire medical experts who will review the evidence and provide an official opinion on whether the medical personnel who delivered your baby have violated the standard care. In a typical instance, an expert will assess the medical treatment provided by the defendant with the practices that are commonly used by other medical professionals who have similar experience and training.

Economic and non-economic damages can be awarded. Economic damages are for expenses like future and current medical bills, lost income and property loss. Non-economic damages include emotional distress and suffering and pain. In rare instances punitive damages could also be awarded. They are designed to punish the responsible party and discourage similar behaviour in the future. These are different from compensatory damages that are awarded to recover actual loss.

Medical Experts

Even though medical advances have made childbirth safer than ever, the process is not without risk for both the mother and the baby. It is the responsibility of nurses and doctors who are involved in the delivery to behave in a professional manner, and to avoid mistakes that could cause devastating harm for both the baby and mother's health. If they fail to follow through and cause a birth injury parents may seek compensation for their damages.

From the first consultation to the final resolution, a birth injury lawyer will closely work on your case. They will collect evidence from you, such as witness testimony and medical records. They will also seek expert opinions from other sources, including doctors and specialists.

The experts will analyze the evidence and provide an official opinion on whether the injuries were the result of medical negligence. This will be used by the lawyer to decide on how to proceed.

If the medical professional is of the opinion that malpractice was committed the lawyer will file a lawsuit against the parties at fault. This typically consists of the obstetrician who was in charge of the delivery and pregnancy and any nurses or surgeons who helped during the delivery as well as the hospital where the Birth injury lawyers took.

The cost of a lawsuit can be high due to the cost for expert witnesses, records and depositions. Your lawyer will advance these expenses and reimburse you once they have won a settlement on your behalf.

Prepare for the trial

A birth injury lawyer will take on any case in which the baby suffered injuries as a result of doctor negligence, before or during or shortly following delivery. When reviewing the case the attorney will consider two things: whether there is evidence of medical negligence, as well as the severity of the injury.

In most cases, attorneys consult with medical experts to determine if medical negligence 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 following. They will also be able to assess the effects of the injuries sustained by the child on his or her future.

The experts will assist the lawyer in identifying which medical providers are to be named as defendants in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurers asking them to reply to the lawsuit. A good birth injury lawyer will know how to negotiate with insurance companies and be prepared to take on trial if necessary.

Parents could be entitled to damages for future and past medical expenses resulting from the injuries sustained by their child. You could also be entitled to compensation for the pain and suffering you have endured. These damages can add up, especially if the child's injuries are serious. An experienced birth injury lawyer will be able to maximize the compensation given to parents.

Insurance Companies

A birth injury lawsuit isn't able to undo the damage done to your child but it could cover future medical costs such as therapy, home improvements, and ongoing support. The costs could seem overwhelming at first but a competent birth injury lawyer will collaborate with a variety of experts to estimate the financial impact of an injury on your family and what amount you are legally entitled to receive compensation for these costs.

The first step in a birth injury lawsuit is to establish that the doctor who was involved in your case had a professional relationship with you and your child. They must also prove that they violated the relationship by acting negligently either prior to or after the birth of your child. This can be simple to prove through the collection of your medical documents and hospital bills.

Once this is established After this is established, the lawyer needs to determine the specific actions taken by the doctor that were negligent and the effect they caused to your child's well-being. A birth injury lawyer will know where to locate the medical evidence or expert witness testimony, as well as other evidence necessary to prove your claim.

A reputable birth injury lawyers injury lawyer will take care of all the complexities of your case and will never require you to pay out of your pocket to seek justice. They must be able and willing 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.