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

The risk of complications can be present during and after a child's birth despite the advancements in medicine making it more secure than ever. If you believe your child suffered an injury to their birth that could have been avoided by contacting a birth Injury law firms injury lawyer right away.

A firm that is specialized in cases involving birth injuries generally advances all legal costs and only get paid when they are awarded compensation for your case.

Damages

Although medical advances have made childbirth safer than it used to be but many mothers and their babies are still at risk of injuries resulting from a variety reasons. Oxygen deprivation and head trauma are among the most common. These injuries can cause catastrophic disabilities such as cerebral palsy. A good birth injury attorney can help families get the compensation they require to fund lifelong care and support.

Your lawyer will request all pertinent medical records and reports relating to the injury your baby sustained. The attorney can also engage medical experts who will review the evidence and provide an opinion in writing on whether the medical personnel who delivered your child violated the standard of care. In a typical case, an expert will evaluate the medical treatment provided by the defendant with the practices commonly accepted by other medical professionals who have similar experience and training.

Damages may be awarded for economic and Birth Injury Law Firms non-economic losses. Economic damages include medical expenses, lost income and property damage. Non-economic damages may include emotional distress and pain and suffering. In rare instances, punitive damages may also be awarded. They are intended to punish the responsible party and discourage similar conduct in the future. They are separate from compensatory damages which are awarded to recover actual losses.

Medical Experts

Even though medical advancements have made childbirth more safe than ever before, there are some risks for both mother and baby. It is the responsibility of doctors and nurses who are involved in the delivery to be professional and avoid mistakes that could result in devastating consequences for the health of both parties. Parents can sue for damages if doctors and nurses do not behave professionally during a delivery.

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 collect evidence from you like witness statements and medical records as well as seek expert opinions from various sources, including other doctors and specialists.

They will look over all the evidence, and provide an official opinion as to whether the injuries were because of medical negligence. This will be utilized by the lawyer to decide on how to proceed.

If the medical expert is of the opinion that malpractice occurred your lawyer will file suit against the parties at fault. This includes the obstetrician who was in charge of your pregnancy, and any nurses, surgeons or hospital staff who helped during the delivery.

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

Preparing for trial

In general, a birth injury lawyer is a person who handles any case in which the infant suffered injuries due to doctor negligence before or shortly after the birth. The lawyer will take into consideration two aspects when evaluating the case: whether there is evidence of medical negligence, and how severe the injury is.

In most cases, attorneys consult with medical experts to determine whether medical malpractice led to the injury. Experts will carefully review the records of the pregnancy, the child's birth injury attorneys and the medical treatment given to the injuries following. They will also be able to evaluate the effects of the injuries on the child and his or her future life.

The experts will help the lawyer determine which medical professionals should be named in the lawsuit. The lawyer will send a letter to the medical providers and their insurers asking them to reply to the lawsuit. A good birth injury attorney will know how to negotiate with insurance companies and be prepared to take the case to trial if needed.

Parents may be entitled to damages for future and past medical costs related to the injuries sustained by their child. Additionally, you could be awarded damages for the pain and suffering you have endured. These damages can be significant in the event that a child's injuries were serious. A reputable birth injury lawyer will maximize the amount of compensation paid 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, the cost of therapy, home modifications and on-going support. These costs can seem daunting, but a skilled birth injury lawyer will work with several experts to determine the financial impact on your family due to the injury you sustained and the amount of compensation you are entitled to.

To make a claim for birth injury you must first establish that your doctor and your child had a professional relationship and that they breached that relationship by failing to act properly prior to or during your child's birth. This is easy to prove by obtaining your medical records and hospital bills.

Once this is established, the lawyer will need determine the specific actions taken by the doctor that were negligent and the impact they had on the health of your child. A birth injury attorney will know what to look for and where to obtain the medical records and expert witness testimony to establish your case.

A competent birth injury attorney can handle the entire complexity of your case and should never require you to come out of pocket to pursue justice. They should be able to work on a contingent fee basis which means 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.