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

Complications are still possible during and after a child's birth, despite medical advances that make it safer than ever. If you suspect that your child was injured due to a birth injury, contact an experienced birth injury attorney right away.

A firm that is specialized in birth injury cases generally will advance the entire cost of a lawsuit. They will only receive payment if they are awarded the case.

Damages

While medical advances have made childbirth a lot safer than it used to be however, many mothers and infants are still at risk for injuries from a variety of reasons. Trauma to the head and oxygen deprivation are among the most frequent. These injuries can cause long-lasting and devastating disabilities, including cerebral palsy. A good birth Injury Lawyers injury lawyer will help families obtain an award for the lifelong treatment and care they need.

Your attorney will ask for all medical records and other reports pertaining to the injuries suffered by your baby. The attorney will also engage medical experts to analyze the evidence and provide an opinion regarding whether the medical personnel involved in the birth of your baby violated the standard of medical care. In a typical case, an expert will assess the medical care provided by the defendant to the practices generally accepted by other medical professionals with similar training and experience.

Economic and non-economic damages may be awarded. Economic damages cover expenses including future and present medical bills, lost income, and property losses. Non-economic damages include emotional distress, pain and suffering. In rare instances punitive damages could also be awarded. They are designed to punish the party at fault and discourage similar behaviour in the future. They differ from compensatory damages which are awarded to compensate for actual losses.

Medical Experts

While medical advances have made childbirth safer than ever, the procedure still poses a risk for both the mother and the baby. It is the responsibility of the nurses and doctors involved in the birth to behave in a professional manner, and to avoid mistakes which could result in devastating consequences for both the baby's and mother's health. If they fail to do this and cause a birth injury parents can seek compensation for their damages.

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 medical records and witness testimony and also get expert opinions from many sources, including other doctors and specialists.

They will look over all the evidence and give an opinion in writing on whether the injuries occurred by medical negligence. The lawyer will use this to decide on the best way to proceed.

If the medical professional agrees that there was a malpractice the lawyer will file an action against the accountable parties. This usually includes the obstetrician in charge of your pregnancy and delivery and any nurses or surgeons who helped during the delivery and the hospital where the birth took.

The costs of a lawsuit can be high due to the cost for expert witnesses, records and depositions. Your lawyer will pay these costs and reimburse you once they have negotiated an agreement on your behalf.

Preparing for trial

A birth injury lawyer will work every case where the baby was injured due to doctor negligence, prior to, during, or shortly after delivery. The lawyer will consider two aspects when evaluating the case in determining whether there is evidence of medical negligence and how severe the injury.

Attorneys will often consult with medical experts to determine whether the injury was caused by medical negligence. The experts will go through all records related to the childbirth, pregnancy and medical treatment for injuries. They will also be able to assess the impact of the injuries on the child and his or her future.

The experts will assist the lawyer to determine the medical providers that should be named in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurers asking them to respond to the lawsuit. A skilled birth injury attorney will know how to negotiate with the insurance companies and be prepared to take the case to trial if needed.

Parents could be entitled to damages for future and past medical expenses related to the injuries of their child. They may also be awarded damages for suffering and pain. These damages can be significant, especially if the child's injuries are serious. A skilled birth injury lawyer can maximize the amount of money awarded to the parents.

Insurance Companies

While a birth injury lawsuit cannot undo what happened to your child, it could cover future medical expenses and the cost of therapy, home modifications, and ongoing support. These costs may appear overwhelming at first, but a good birth injury lawyer will work with multiple experts to determine the financial impact of an accident on your family and how much you're legally entitled to receive compensation for these expenses.

The first step in a birth injury lawsuit is to establish that the doctor involved in your case had an established professional relationship with your child and you, and that they violated the relationship by acting negligently before or during the child's birth. It is easy to demonstrate this by looking up your medical records and hospital bills.

Once this is established the lawyer will need to determine the specific actions that the doctor performed that were negligent and how these affected your child's health. An attorney for birth injuries will know what to look for and where to obtain the medical evidence and expert witness testimony needed to demonstrate your case.

A reputable birth 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 willing and able to work on the basis of a contingent fee. This means that they only be paid if they win your case, and their fee is a portion of the settlement or award.