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

The risk of complications can be present during and after the birth of a child, despite medical advances that make it safer than ever. If you suspect your child suffered a preventable birth injury, consult an experienced birth injury attorney immediately.

A firm that specializes on birth injury cases is likely to finance all litigation costs and only pay if they obtain compensation in your case.

Damages

While medical advances have made birthing safer than ever before but many mothers and their babies are still at risk of risk of injury due to a number of reasons. This includes oxygen deprivation, head trauma, and infections. These injuries can cause devastating disabilities, such as cerebral palsy. A good birth injury attorney will assist families to receive the compensation they require to cover the cost of lifelong treatment and support.

Your lawyer will request all medical records and reports relevant to the injuries sustained by your baby. The attorney can also engage medical experts to review the evidence and give an official opinion as to whether the medical professionals who delivered your baby did not follow the standards of care. In a typical instance, an expert will assess the medical care provided by the defendant with the practices commonly accepted by other medical professionals with similar qualifications and experience.

Damages can be awarded for both economic and non-economic losses. Economic damages can cover expenses such as current and future medical bills, lost income, and property loss. Non-economic damages can include emotional distress, suffering. In rare instances, punitive damages may also be awarded. They are designed to punish the responsible party and discourage similar conduct in the future. They are distinct from compensatory damages which are awarded to recover actual losses.

Medical Experts

While medical advances have made childbirth safer than ever before, there are certain risks for both mother and baby. It is the responsibility of the nurses and doctors involved in the birth to act professionally, and to avoid making mistakes that could have disastrous consequences for both baby and birth injury attorney mother's health. If they fail to act accordingly and cause birth injuries parents can seek compensation for their damages.

A birth injury attorney will work closely with you throughout the entire duration of your case, beginning from the initial consultation until the final resolution. They will collect evidence from you like medical records and witness testimonies and also get expert opinions from numerous sources including other doctors and specialists.

The experts will analyze the evidence and offer 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 the medical professional agrees that malpractice was committed then your lawyer will file a lawsuit against the responsible parties. This includes the obstetrician in charge of your pregnancy, as well as any surgeons, nurses, or hospital personnel who assisted during the delivery.

The cost of a lawsuit are high due to the cost for expert witnesses, documents, and depositions. Your lawyer will advance these expenses and reimburse you once they have negotiated an agreement on your behalf.

Preparing for trial

Typically, a birth injury lawyer will consider any case where the infant was injured due to negligence of a doctor prior to or shortly after the birth. In analyzing the case the lawyer will take into consideration two things: whether or not there any evidence of medical negligence, as well as the extent of the injury.

Often, the attorneys will consult with medical experts to determine if a medical error led to the injury. The experts will go through all documents related to birth, pregnancy, and medical treatment for injuries. They will also be able to determine the effects of the injuries suffered by the child on their future.

The experts will help the lawyer determine the medical providers that should be included in the lawsuit. The lawyer will then send a letter the medical providers and their insurers asking them to reply to the lawsuit. A good birth injury attorney will be able to negotiate with insurance companies and will be ready to go to trial if necessary.

Parents may be entitled for damages for future and past medical expenses resulting from the injuries of their child. Additionally, you could be awarded damages for the pain and suffering you have endured. These damages can be significant, especially if the child's injuries are serious. A good birth injury attorney can maximize the amount of compensation given to parents.

Insurance Companies

A lawsuit for birth injuries can't repair the harm caused to your child, but it could cover future medical expenses therapies, home modifications, and ongoing support. The costs could seem overwhelming, but a knowledgeable birth injury lawyer will collaborate with a team of experts to assess the financial effects on your family from an injury, and how much compensation you are entitled to.

In order to make a claim for birth injury, you must first prove that your doctor and your child had an established professional relationship and he or she breached this relationship by failing to act properly prior to or during your child's birth. It is easy to prove this by collecting your medical records and hospital bills.

Once this has been established the lawyer will have to identify the specific actions the doctor made that were negligent and how these affected 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 good birth injury attorney will take care of all the complexities of your case and should never require you to pay out of pocket to pursue justice. They should be able to work on a contingency fee basis which means they only get paid if they win your case. The amount they get is a percentage of the settlement or award you receive.