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

Although advances in medicine have made birthing safer than ever before however, complications may still occur during and after the birth of the baby. If you believe your child suffered a preventable birth injury, contact an experienced birth injury attorney right away.

A firm that specializes in cases involving birth injuries will typically advance all costs associated with a lawsuit and only be paid if they win compensation for your case.

Damages

While medical advances have made childbirth more secure than it used to be but many mothers and their babies are still at risk of injuries resulting from a variety reasons. These include oxygen deprivation head trauma, and infections. These injuries can result in lasting and severe disabilities including cerebral palsy. A good birth injury attorney can help families get the compensation they need to fund lifelong care 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 employ medical experts to review the evidence and provide an official opinion as to whether the medical experts involved in your baby's birth violated the standard of care. In a typical situation, an expert will evaluate the medical treatment provided by the defendant with the practices commonly accepted by other medical professionals with similar qualifications and experience.

Damages may be awarded for economic and non-economic losses. Economic damages cover costs like current and future medical bills, lost income, and property losses. Non-economic damages include emotional distress as well as pain and suffering. In rare instances punitive damages can also be awarded. These are intended to punish the party at fault and discourage similar conduct in the future. These are separate from the compensation damages that are awarded to cover actual losses.

Medical Experts

Even though medical advances have made childbirth safer than ever before, the process still involves some risk for mother and baby. It is up to the doctors and nurses involved in a birth to act professionally and avoid making mistakes which could have catastrophic consequences for the health of both parties. When they fail to follow through and cause a birth injury parents may claim compensation for the damage.

A birth injury attorney will be in close contact with you for the duration of your case, from beginning with the initial consultation until final resolution. They will gather evidence from you, like witness testimony and medical records. They will also solicit expert opinions from other sources such as doctors and specialists.

They will look over the evidence and give a formal opinion as to whether the injuries were caused by medical negligence. This will be utilized by the lawyer to decide on how to proceed.

If the medical professional agrees that malpractice was committed, your lawyer will file a lawsuit against the guilty parties. This typically consists of the obstetrician who was in charge of your pregnancy and delivery as well as any surgeons or nurses who assisted in the delivery as well as the hospital where the birth took place.

The costs of a lawsuit can be high due to the fees for expert witnesses, records, and depositions. Your lawyer will advance these costs and then reimburse you when they have negotiated a settlement on your behalf.

Prepare for trial

Generally, a birth injury lawyer takes cases where the baby suffered injuries caused by negligence of a doctor prior, during or shortly after the birth. When examining the case, the lawyer will be looking at two things: whether there are any evidences of medical negligence, as well as the extent of the injury.

Attorneys often consult medical experts to determine whether the injury was caused by medical malpractice. The experts will go through all documents related to birth, pregnancy, and medical treatment for injuries. They will also be in a position to assess the effect of the injuries sustained by the child on his or her future.

The experts will assist the lawyer in determining the medical providers to be named as defendants in the lawsuit. The lawyer will write an email asking the medical providers and insurers to respond to the complaint. A good birth injury attorney will know how to negotiate with insurance companies and will be prepared to take the case to trial should it be necessary.

Parents could be entitled to compensation for medical expenses resulting from the injuries suffered by their child. They could also be awarded damages for pain and suffering. These damages can be substantial particularly if the child's injuries were severe. A good birth injury attorney will be able to maximize the compensation awarded to the parents.

Insurance Companies

A lawsuit for birth injuries can't undo the damage done to your child but it can help pay for future medical costs therapy, home modifications and ongoing support. These costs may seem overwhelming, but a seasoned birth injury lawyer will work with a variety of experts to determine the financial impact on your family's finances from the injury you sustained and how much compensation you are entitled to.

In order to make a claim for birth injuries it is necessary to prove that your doctor and your child had an professional relationship, and that the doctor violated this relationship by acting negligently before or during the time of your child's birth. You can easily prove this by collecting your medical bills and hospital bills.

Once this has been established the lawyer will have to determine the specific actions that the doctor performed that were negligent and how these impacted 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 support your case.

A good birth injury attorney can handle the entire complexity of your case. They will never require you to pay out of pocket to pursue justice. They should be willing to work on a basis of contingency fees 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.