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

Although advances in medicine have made childbirth more secure than ever before however, complications may still occur after the birth of a baby. If you believe your child suffered an unavoidable birth injury, contact an experienced birth injury lawyer right away.

A firm that specializes in cases involving birth injuries will typically advance all costs associated with a lawsuit and only be paid if they are awarded compensation for your case.

Damages

Although medical advances have made childbirth much safer than it used to be yet many mothers and babies are still susceptible to injuries due to a variety reasons. The lack of oxygen and head trauma are among the most frequent. These injuries can cause devastating disabilities such as cerebral palsy. An experienced attorney for birth injuries will assist families to receive the compensation they need to pay for lifelong treatment and care.

Your lawyer will request all pertinent medical records and reports relating to the injury your baby sustained. The attorney may employ medical experts who will review the evidence and provide a formal opinion on whether the medical professionals who delivered your baby did not follow the standard care. In a typical case, an expert will examine the medical treatment offered by the defendant with the practices that are commonly used by other medical professionals with similar experience and training.

Economic and non-economic damages may be awarded. Economic damages can cover expenses like future and current medical bills, lost income, and property losses. Non-economic damages include emotional distress as well as suffering and pain. In some cases, punitive damages can also be awarded. They are designed to punish the party at fault and discourage similar behavior in future. They differ from compensatory damages which are awarded to recover the actual loss.

Medical Experts

Although advances in medicine have made childbirth safer than ever before, the process remains a risky one for mother and baby. It is the responsibility of doctors and nurses involved in a delivery to be professional and avoid making mistakes which could have catastrophic consequences for the health of both parties. If they fail to do so and cause birth injuries, parents can seek compensation for their damages.

A birth injury lawyer will be in close contact with you for the duration of your case, starting from the initial consultation through to the final resolution. They will collect evidence from you, including witness testimony and medical records. They will also obtain 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 resulted from medical negligence. The lawyer will use this information to determine 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 responsible parties. This includes the obstetrician in charge of your pregnancy, as well as any nurses, surgeons or hospital staff who were involved in the delivery.

Lawsuits can be expensive because of the many fees such as those for records, expert witnesses, and depositions. Your lawyer will pay these costs and then reimburse you once they have negotiated an agreement on your behalf.

Prepare for trial

In general, a birth injuries lawyer will consider any case in which the infant suffered injuries caused by negligence of a doctor prior, during or shortly after delivery. When reviewing the case the lawyer will be looking at two things: whether there are any evidences of medical negligence and the extent of the injury.

Often, attorneys consult with medical experts to determine if medical negligence caused the injury. Experts will carefully review records from the pregnancy, the child's birth and the medical treatment that was received for the injuries afterward. They will also be able assess the impact of the injuries on the child as well as his or her future life.

The experts will help the lawyer to determine which medical providers should be included in the lawsuit. The lawyer will write an inquiry letter to medical providers and insurers to respond to the complaint. A good birth injury attorney will be able to negotiate with the insurance companies and will be ready to go to trial should it be necessary.

Parents may be entitled to damages for future and past medical expenses that result from the injuries of their child. They could also be awarded damages for pain and suffering. These damages can be substantial in the event that a child's injuries were serious. A reputable birth injury lawyers injury lawyer can maximize the compensation awarded to parents.

Insurance Companies

Although a lawsuit for birth injuries cannot undo what happened to your child, it could help pay for future medical expenses for therapy, the cost, home modifications and on-going support. These costs may appear overwhelming at first, however, a reputable birth injury attorney will work with multiple experts to estimate the financial impact of any injury on your family, and what amount you are legally entitled to receive compensation for these expenses.

The first step in a birth injury claim is to establish that the doctor who handled your case had an 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 may 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 performed that were negligent and how they impacted your child's health. A birth injury attorney will know what to look for and where you can get the medical evidence and expert witness testimony to demonstrate your case.

A reputable birth injury lawyer will deal with the complexity of your case and will never demand you to pay for justice. They should be able to work on a contingency basis which means they only receive payment if they win your case and the amount they earn is a percentage of the settlement or award you receive.