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

There are still complications that can occur during and after the birth of a child, despite medical advances making it safer than ever. If you suspect that your child suffered from a preventable birth injury, contact an experienced birth injury attorney immediately.

A firm that is specialized in birth injury cases will typically advance all costs associated with a lawsuit and only be paid if they are awarded the case.

Damages

While medical advances 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 devastation to the body, including cerebral palsy. A good birth injury attorney can assist families in obtaining the compensation they need to fund lifelong care and support.

Your lawyer will seek all relevant medical records and reports related to the baby's injury. The attorney may employ medical experts who will review the evidence and provide an official opinion on whether the medical professionals who delivered your baby violated the standard of care. In a typical case, an expert will compare the medical treatment provided by the defendant to the practices generally accepted by other medical professionals with similar qualifications and experience.

Non-economic and economic damages can be awarded. Economic damages can include medical expenses as well as lost income and property damage. Non-economic damages include emotional distress, suffering and pain. In rare instances the punitive damages might be awarded. They are intended to punish the person responsible and discourage similar conduct in the future. They are distinct from compensatory damages that are granted to recover actual losses.

Medical Experts

Although medical advances have made childbirth safer than ever, the process remains a risky one for both mother and child. It is up to the nurses and doctors who are involved in the delivery to act professionally and avoid making mistakes that could cause catastrophic harm for the health of both parties. When they fail to act accordingly and cause a birth injury parents may be able to seek compensation for their losses.

A birth injury attorney will work closely with you throughout the course of your case, from the initial consultation until the final resolution. They will gather evidence from you like medical records and witness testimonies, and also obtain expert opinions from numerous sources including other doctors and specialists.

These experts will review all evidence and provide an official opinion on whether the injuries were caused by medical negligence. The lawyer will then use this to determine how to proceed.

If the medical professional believes that a malpractice was committed, your lawyer will file a suit against the responsible parties. This includes the obstetrician in charge of your pregnancy as well as any surgeons, nurses or hospital personnel who assisted during the delivery.

The cost of litigation can be quite high as a result of the many costs, such as the cost of records, expert witnesses and depositions. Your lawyer will advance these costs and then reimburse you once they have won a settlement on your behalf.

Preparing for a trial

Generally, a birth injury lawyer will take on cases where the infant was injured because of negligence by a doctor before, during or shortly after the birth. The lawyer will take into consideration two aspects when evaluating the case to determine if there evidence of medical negligence and the severity of the injury.

Attorneys will often consult with medical experts to determine whether the injury was caused by medical malpractice. They will look over all documents related to birth, pregnancy, and medical treatment for injuries. They will also be able to determine the effects of the injuries suffered by the child on his or her future.

The experts will assist the lawyer to determine which medical providers should be named in the lawsuit. The lawyer will write an email asking the medical providers and insurers 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 may be entitled to damages for future and past medical expenses related to the injuries of their child. They could also be awarded damages for their pain and suffering. These damages could be substantial when the child's injuries were severe. A good birth injury attorney will be able to maximize the compensation awarded to the parents.

Insurance Companies

While a birth injury lawsuit will not reverse the damage that occurred to your child, it could help pay for future medical expenses and the cost of therapy or home modifications as well as ongoing support. These costs might seem overwhelming at first, however, a reputable birth injury attorney will work with a variety of experts to determine the financial impact of a particular accident on your family and what amount you are entitled to be compensated for these expenses.

The first step in a birth injury attorneys injury lawsuit is to establish that the doctor involved in your case had an established professional relationship with you and your child. They must also prove that they breached the trust by committing a breach before or during 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 must identify the specific actions performed by the doctor who were negligent and the impact they had on your child's wellbeing. A birth injury attorney will know what to look for and where to obtain the medical evidence and expert witness testimony to prove your case.

A good birth injury attorney will take care of all the complexities of your case. They will never require you to come out of pocket to pursue justice. They should be able to work on a contingency basis, meaning that they only be paid if they succeed in winning your case. The amount they earn is a percentage of the settlement or award you receive.