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

While advances in medicine make birthing safer than ever before however, complications may still occur during and after the birth of the baby. If you suspect your child was injured due to a birth injuries injury, contact an experienced birth injury lawyer immediately.

A firm that specializes on birth injury cases will typically pay for all litigation costs and only be compensated if they obtain compensation in your case.

Damages

Although advances in medicine have made childbirth much safer than it used to be but many mothers and their babies are still at risk of injuries due to a variety of reasons. Head trauma and oxygen deprivation are among the most frequent. These injuries can cause devastating disabilities, such as cerebral palsy. An experienced birth injury lawyer can help families receive the compensation they require to pay for lifelong treatment and care.

Your attorney will ask for all medical records and reports related to the injury suffered by your baby. He or she may also employ medical experts who will analyze the evidence and provide an official opinion as to whether the medical personnel who delivered your child violated the standard of care. In a typical case an expert will evaluate the medical treatment provided by the defendant to the practices generally accepted by other medical professionals with similar experience and training.

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

Medical Experts

While medical advances have made childbirth safer than ever, the process still poses a risk for both the mother and the baby. It is the responsibility of the nurses and doctors who are involved in the delivery to act professionally, and to avoid mistakes that can have devastating consequences for both the baby and mother's health. Parents may be able to sue for damages if the doctors and nurses are not professional during a delivery.

A birth injury lawyer will be in close contact with you throughout the course of your case from the initial consultation through to the final resolution. They will gather evidence from you, such as witness testimony and medical records. They will also seek expert opinions from other sources such as doctors and specialists.

The experts will examine the evidence and give an official opinion on whether the injuries were the result of medical negligence. The lawyer will use this to decide on the best way to proceed.

If a medical professional is of the opinion that there was a malpractice then your lawyer will file a lawsuit against the guilty parties. This includes the obstetrician in charge of your pregnancy, and any surgeons, nurses, or hospital personnel who helped during the delivery.

The cost of litigation can be quite high as a result of the many costs, such as those for records, expert witnesses and depositions. Your lawyer will pay for these expenses and then reimburse you once they have settled your case.

Preparing for the Trial

A birth injury lawyer will work on any case where the baby was injured due to a doctor's negligence, either prior to, during, or shortly following delivery. When reviewing the case, the lawyer will take into consideration two things: whether there are any indications of medical negligence as well as the severity of the injury.

Often, the attorneys will consult with medical experts to determine whether medical malpractice led to the injury. These experts will review all documents related to birth, pregnancy, and medical treatment for injuries. They will also be able to assess the effects of the injuries suffered by the child on his or her future.

The experts will assist the lawyer in identifying the medical providers to be named as defendants in the lawsuit. The lawyer will send a letter asking the medical providers and insurers to respond to the claim. A reputable birth injury lawyer will know how to negotiate with insurance companies and will be prepared to bring the case to trial if necessary.

Parents may be entitled to damages for past and future medical expenses that result from the injuries suffered by their child. You could also be entitled to compensation for pain and suffering. These damages can add up in the event that the child's injuries are serious. An experienced birth injury lawyer can maximize the amount of compensation given to parents.

Insurance Companies

While a birth injury lawsuit can't undo the harm that was done to your child, it could help pay for future medical expenses as well as the cost of therapy, home modifications and on-going support. The costs could seem overwhelming, but a knowledgeable birth injury lawyer will collaborate with a variety of experts to determine the financial impact on your family due to 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 involved in your case had a professional relationship with your child and you, and that they breached the relationship by acting negligently prior to or during the child's birth. This can be easy to prove through the collection of your medical documents and hospital bills.

Once this is established, the lawyer must identify what specific actions the doctor made that were negligent and how they affected your child's health. A birth injury lawyer will know what to look for and where to obtain the medical records and expert witness testimony to establish your case.

A reputable birth injury lawyer will handle all the complexities of your case. They should never require you to come out of your pocket to seek justice. They should be able to work on a contingent fee basis which means they only be paid if they succeed in winning your case and the amount they earn is a percentage of the settlement or award you receive.