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

Complications are still possible during and after the birth of a child despite advances in medical technology that make it safer than ever. If you suspect your child suffered an unavoidable birth injury, contact an experienced birth injury attorney right away.

A firm that is specialized in birth injury cases will generally advance all costs associated with a lawsuit and only receive payment if they receive the case.

Damages

Although medical advances have made childbirth much safer than it was previously however, many mothers and infants are still at risk for injuries due to a variety reasons. These include oxygen deprivation head trauma, and infections. These injuries can cause devastating disabilities like cerebral palsy. An experienced attorney for birth injuries can help families get the compensation they need to cover the cost of lifelong treatment and care.

Your lawyer will request all pertinent medical records and reports relating to the injury your baby sustained. They may also hire medical experts who will review the evidence and provide an opinion in writing on whether the medical personnel who delivered your baby violated the standards of care. In a typical case an expert will examine the medical care offered by the defendant with the practices commonly accepted by other medical professionals with similar education and experience.

Economic and non-economic damages are able to be awarded. Economic damages include medical expenses as well as lost income and property damage. Non-economic damages include emotional distress, pain and suffering. In rare cases, punitive damages may also be awarded. These are meant to penalize the person who is at fault and discourage similar behaviour in the future. They are distinct from compensation damages that are awarded to recover actual losses.

Medical Experts

Although advances in medicine have made childbirth safer than ever, the procedure remains a risky one for both mother and child. It is the responsibility of doctors and nurses involved in a delivery to behave in a professional manner and avoid mistakes that could result in devastating consequences for the health of both parties. Parents can be able to sue for damages if the nurses and doctors do not behave professionally during a delivery.

From the initial consultation up to the final resolution A birth injury lawyer will be closely involved in your case. They will gather evidence from you, including medical records and witness testimonies and will also seek expert opinions from various sources, including other doctors and specialists.

These experts will examine all the evidence and provide an official opinion on whether the injuries were caused because of medical negligence. This will be utilized by the lawyer to decide on how to proceed.

If the medical expert agrees that there was a malpractice, your lawyer will file a lawsuit against the guilty parties. This typically includes the obstetrician responsible for the delivery and pregnancy as well as any surgeons or nurses who assisted during the birth as well as the hospital where the birth took place.

Legal proceedings can be costly because of the numerous fees, including the cost of documents, expert witnesses and depositions. Your lawyer will pay these expenses, and reimburse you after they have settled your case.

Preparing for Trial

A birth injury lawyer will work on any case where the baby was injured as a result of doctor negligence, before, during, or shortly after birth. When reviewing the case the lawyer will take into consideration two things: whether there are any evidences of medical negligence and the severity of the injury.

In most cases, attorneys consult with medical experts in order 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 received for the injuries that occurred afterward. They will also be able to determine the effects of the injuries sustained 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 then send a letter the medical providers and their insurance companies and ask them to respond to the claim. A reputable attorney for birth injuries will know how to negotiate with the insurance companies and be ready to make the case go to trial if necessary.

Parents could be entitled to damages for future and past medical costs related to the injuries sustained by their child. You may also receive damages for the pain and suffering you have endured. The amount of damages could be substantial, especially if the child's injuries are severe. A reputable birth injury lawyer can maximize the compensation awarded to parents.

Insurance Companies

While a birth injury lawsuit can't reverse the harm done to your child, it could help pay for future medical expenses as well as the cost of therapy as well as home modifications and ongoing support. These costs might appear overwhelming at first, however, a reputable birth injury attorney will work with multiple experts to assess the financial impact of any injury on your family, and the amount you are legally entitled to receive compensation for these costs.

In order to make a claim for birth injury first, you must prove that your doctor and your child have an professional relationship, and that he or she breached this relationship by acting negligently before or during the time of your child's birth. This may be easy to prove through the collection of your medical documents and hospital bills.

After this is established the lawyer must determine what specific actions the doctor took that were negligent and how they affected the health of your child. A birth injury lawyer will know where to get the medical evidence along with expert witness testimony and other evidence necessary to prove your claim.

A reputable birth injury lawyer will handle the many complexities of your case and never ask you to pay for justice. They should be able and willing 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 proportion of the settlement or award.