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

Complications can still occur in the course of the birth of a child, despite medical advances that make it safer than ever. If you suspect your child suffered from a preventable birth injury, speak to an experienced attorney for birth injuries right away.

A firm that concentrates on birth injury cases will usually pay for all litigation costs and only be compensated if they win settlement in your case.

Damages

While medical advances made childbirth safer than ever before, many mothers and their infants are at a higher risk of injury due to variety reasons. These include oxygen deprivation head trauma, and infections. These injuries can result in devastating disabilities, such as cerebral palsy. An experienced attorney for birth injuries can assist families in obtaining the compensation they need to fund lifelong care and support.

Your attorney will ask for all medical records and reports relevant to the injuries suffered by your baby. The attorney can also hire medical experts to analyze the evidence and provide an official opinion as to whether the medical personnel who delivered your baby have violated the standards of care. In a typical case, an expert will examine the medical care provided by the defendant to practices that are commonly used by medical experts who have the same experience and education.

Economic and non-economic damages can be awarded. Economic damages cover expenses including future and present medical bills, lost income and property losses. Non-economic damages include emotional distress and pain and suffering. In rare circumstances, punitive damages are also awarded. They are intended to penalize the party at fault and discourage similar conduct in the future. They differ from compensatory damages, which are awarded to recover actual losses.

Medical Experts

Even though medical advances have made childbirth more secure than ever, the process remains a risky one for both the mother and the baby. It is the responsibility of the nurses and doctors involved in the birth injury lawyers to behave professionally and to avoid making mistakes which could result in devastating consequences for both baby and mother's health. Parents can seek damages if doctors and nurses fail to act professionally during the delivery.

From the initial consultation until the final resolution, a birth injury lawyer will work closely with 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.

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

If the medical professional is of the opinion that malpractice was committed Your lawyer will file 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 birth.

Legal proceedings can be costly because of the numerous fees, including those for records, expert witnesses and depositions. Your lawyer will advance these costs and pay you back once they have won a settlement on your behalf.

Preparing for trial

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

In most cases, attorneys consult with medical experts in order to determine whether medical malpractice caused the injury. These experts will carefully review documents from the pregnancy, the child's birth and the medical treatment for the injuries later. They will also be able to evaluate the effects of the injuries on the child and the future of the child.

The experts will aid the lawyer in determining which medical providers are to be named as defendants in the lawsuit. The lawyer will then send a letter to the medical providers and their insurers asking them to respond to the claim. A good birth injury lawsuits injury attorney will know how to negotiate with insurance companies and be prepared to go to trial should it be necessary.

Parents may be entitled to damages for future and past medical expenses resulting from the injuries suffered by their child. They could also receive damages for suffering and pain. These damages can mount up when the child's injuries are serious. A good birth injury lawyer can maximize the compensation awarded to parents.

Insurance Companies

A birth injury lawsuits injury lawsuit isn't able to erase the harm done to your child, but it can cover future medical expenses therapy, home modifications and ongoing support. These expenses may seem overwhelming, but an experienced birth injury lawyer will collaborate with several experts to determine the financial impact on your family's finances from a specific injury and how much compensation you are entitled to.

The first step in a birth injury claim is to prove that the doctor in your case had an established professional relationship with you and your child and that they violated this relationship by acting negligently during or before your child's delivery. This is easy to prove by obtaining your medical records and hospital bills.

Once this is established, the lawyer will have to identify the specific actions the doctor made that were negligent and how these impacted your child's health. An attorney for birth injuries will know what to look for and where you can get the medical evidence and expert witness testimony to demonstrate your case.

A good birth injury attorney will take care of the many complexities of your case and should never ask you to pay out of pocket to pursue justice. They should be able to work on a basis of contingency fees which means they only receive payment if they win your case and the amount they get is a percentage of the settlement or award you receive.