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

There are still complications that can occur in the course of the birth of a child despite advances in medical technology making it more secure than ever. If you suspect your child suffered from a preventable birth injury, you should contact an experienced birth injury lawyer right away.

A firm that specializes on birth injuries will typically cover all litigation costs, and only be paid when they are successful in winning compensation in your case.

Damages

While medical advances have made childbirth safer than ever before, many mothers and their infants are at a higher danger of injury due number of reasons. The lack of oxygen and head trauma are among the most common. These injuries can lead to devastating disabilities like cerebral palsy. A good birth injury lawyer can help families get compensation for the lifetime medical treatment and care they require.

Your lawyer will request all pertinent medical records and reports related to your baby's injuries. The attorney may also hire medical experts to review the evidence and provide an official opinion on whether the medical personnel who delivered your baby did not follow the standard care. In a typical case an expert will assess the medical care provided by defendant to practices typically accepted by medical experts with similar training and experience.

Non-economic and economic damages can be awarded. Economic damages may include medical expenses, lost income, and property damage. Non-economic damages include emotional distress, suffering and pain. In rare cases the punitive damages might be awarded. They are intended to penalize the party at fault and discourage similar conduct in the future. These are separate from the compensation damages that are given to compensate for actual losses.

Medical Experts

Although advances in medicine have made childbirth safer than ever, the procedure is not without risk for both mother and child. It is the responsibility of nurses and doctors involved in a birth 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 act accordingly and cause birth injuries parents may be able to seek compensation for their losses.

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

These experts will review the evidence and give a formal opinion as to whether the injuries resulted from medical negligence. The lawyer will then use this to determine how to proceed.

If the medical expert agrees that malpractice was committed then your lawyer will file an action against the accountable parties. This includes the obstetrician in charge of your pregnancy, any surgeons, nurses or hospital personnel who assisted during the birth.

The costs of a lawsuit may be high due to the costs for expert witnesses, documents, and depositions. Your lawyer will advance these expenses and pay you back once they have won settlement on your behalf.

Preparing for trial

A birth injury lawyer will take every case where the baby suffered injuries as a result of doctor negligence, either prior to, during, or shortly after delivery. When examining the case, the lawyer will be looking at two things: whether or not there is evidence of medical negligence and the severity of the injury.

Often, the attorneys will consult with medical experts to determine if medical negligence led to the injury. The experts will carefully examine documents from the pregnancy, the child's birth and the medical treatment that was received for the injuries afterward. They will also be able to evaluate the impact of the injuries sustained by the child on his or her future.

The experts will aid the lawyer in determining the medical providers who will be named as defendants in the lawsuit. The lawyer will write a letter asking the medical providers and insurers to respond to the complaint. A reputable birth injury lawyer will be able to work with insurance companies and be ready to go to trial if required.

Parents could be entitled to damages for future and past medical costs related to the injuries suffered by their child. They may also be able to claim damages for suffering and pain. The amount of damages could be substantial when the child's injuries are serious. An experienced birth injury lawyer can help maximize the compensation given to parents.

Insurance Companies

A lawsuit for birth injuries can't reverse the harm done to your child but it can help pay for future medical costs, therapy, home modifications, and ongoing support. These expenses may seem overwhelming, but a seasoned birth injury lawyer will work with several experts to determine the financial impact on your family due to an injury that you suffered and the amount of compensation you are entitled to.

The first step in a birth injury lawsuit is to establish that the doctor who was involved in your case had an professional relationship with you and your child, and that they violated that relationship by acting negligently prior to or during the birth of your child. It is easy to establish this by obtaining your medical bills and hospital bills.

After this is established the lawyer must determine what specific actions the doctor performed that were negligent and how these impacted your child's health. A birth injury lawyer will know where to get the medical evidence along with expert witness testimony and other evidence that can be used to prove your claim.

A good Birth Injury lawyers injury lawyer will handle all the complexities of your case and will not require you to pay out of pocket to pursue justice. They should be able to work on a contingency fee basis which means that they only be paid if they succeed in winning your case. The amount they receive is a percentage of the settlement or award you receive.