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

Although advances in medicine make births more secure than ever, complications can still arise in the course of birth and after the birth of the baby. If you suspect that your child suffered from a preventable birth injury, contact an experienced birth injury attorney immediately.

A firm that specializes in birth injury cases will typically advance the entire cost of a lawsuit. They will only be paid if they receive the case.

Damages

While advances in medicine have made birthing safer than ever before, many mothers and their babies are still at high risk of injury due to a number of reasons. Oxygen deprivation and head trauma are among the most common. These injuries can cause devastating disabilities, such as cerebral palsy. A good birth injury law firms injury attorney will assist families to receive the compensation they require to cover the cost of lifelong treatment and support.

Your attorney will ask for all medical records and other reports pertaining to the injuries suffered by your baby. He or she will also engage medical experts to analyze the evidence and give an official opinion as to whether the medical professionals involved in the delivery of your baby did not meet the standards of care. In a typical situation, an expert will compare medical care provided by defendant to practices generally accepted by medical professionals with similar experience and qualifications.

Damages can be awarded for economic and non-economic losses. Economic damages may include medical expenses, lost income, and property damage. Non-economic damages include emotional distress and pain and suffering. In rare cases punitive damages could also be awarded. These are meant to penalize the responsible party 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 before, there are still some risks for both the mother and baby. It is the responsibility of nurses and doctors involved in the birth to behave professionally and to avoid making mistakes that can have devastating consequences for both the baby and mother's health. If they fail to do so and cause a birth injury, parents can seek compensation for their losses.

A birth injury attorney will work closely with you for the duration of your case from the initial consultation to the final resolution. They will collect evidence from you, such as witness testimony and medical records. They will also get expert opinions from other sources, including doctors and specialists.

These experts will examine all the evidence and give a formal opinion on whether the injuries were due to medical negligence. The lawyer will then use this to determine how to proceed.

If the medical expert is of the opinion that there was a malpractice and your lawyer files an action against the accountable parties. This usually includes the obstetrician who was in charge of the delivery and pregnancy and any nurses or surgeons who assisted during the delivery as well as the hospital where the birth took.

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

Preparing for a trial

Generally, a birth injury lawyer takes any case in which the infant was injured caused by negligence of a doctor prior, during or shortly after the birth. The lawyer will examine two factors when analyzing the case: whether there evidence of medical negligence and how severe the injury.

Attorneys frequently consult with medical experts to determine whether the injury was caused by medical negligence. Experts will carefully review the records of the pregnancy, the child's birth and the medical treatment for the injuries afterward. They will also be able evaluate the effects of the injuries on the child and the future of the child.

The experts will assist the lawyer in determining which medical providers are to be named as defendants in the lawsuit. The lawyer will send an email to the medical providers and insurers to respond to the complaint. A good birth injury attorney will know how to negotiate with insurance companies and be prepared to bring the case to trial if necessary.

Parents could be entitled to damages for past and future medical costs related to the injuries sustained by their child. They could also be awarded damages for their pain and suffering. These damages could be substantial, especially if a child's injuries were serious. A good birth injury attorney can maximize the compensation awarded to the parents.

Insurance Companies

While a birth injury lawsuit can't reverse the harm done to your child, it could be used to pay for future medical expenses as well as the cost of therapy, home modifications and on-going support. The costs could seem overwhelming at first but a skilled birth injury attorney will collaborate with several experts to calculate the financial impact of any injury to your family and how much you're legally entitled to receive compensation for these costs.

The first step in a birth injury lawsuit is to prove that the doctor who was involved in your case had an official relationship with you and your child, and that they violated that relationship by acting negligently either prior to or after the child's birth. You can easily demonstrate this by looking up your medical records and hospital bills.

Once this is established after this is established, the lawyer must identify the specific actions performed by the doctor who was negligent and the impact they affected your child's health. A birth injury attorney will know what to look for and where to get the medical documentation and expert witness testimony to demonstrate your case.

A good birth injury attorney will handle all the complexities of your case. They should never require you to come out of pocket to pursue justice. They should be willing to work on a contingent fee basis which means that they only receive payment if they win your case. The amount they get is a percentage of the settlement or award you receive.