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 baby despite advances in medical technology making it safer than ever. If you suspect that your child was injured due to a birth injury, you should contact an experienced birth injury attorney right away.

A firm that focuses on birth injuries will typically pay for all litigation costs and only be paid if they obtain compensation in your case.

Damages

While advances in medicine have made childbirth a lot safer than it was previously yet many mothers and babies are still susceptible to injuries resulting from a variety reasons. The lack of oxygen and head trauma are among the most common. These injuries can lead to devastating disabilities like cerebral palsy. A skilled lawyer for birth injuries can assist families to receive compensation for the ongoing treatment and care they need.

Your attorney will request all relevant medical records and reports relating to your baby's injury. The attorney will also engage medical experts to review the evidence and provide an opinion regarding whether the medical personnel involved in your baby's delivery violated the standard of medical care. In a typical case an expert will examine the medical care offered by the defendant with practices generally accepted by medical experts with similar experience and qualifications.

Damages may be awarded for economic and non-economic losses. Economic damages can include medical expenses, lost income, and property damage. Non-economic damages include emotional distress and suffering and pain. In rare cases punitive damages can also be awarded. These are intended to punish the person responsible and discourage similar behaviour in the future. They differ from compensatory damages which are awarded to compensate for actual loss.

Medical Experts

While advances in medicine have made childbirth safer than ever before, there are certain risks for both mother and baby. It is the responsibility of nurses and doctors who are involved in the birth to be professional and to avoid making mistakes that could cause devastating harm for both mother and baby's health. If they fail to do this and cause a birth injury, parents can seek compensation for their damages.

A birth injury lawyer will be in close contact with you throughout the course of your case, beginning from beginning with the initial consultation until final resolution. They will collect evidence from you such as medical records and witness testimony as well as seek expert opinions from various sources, including other specialists and doctors.

The experts will analyze the evidence and provide a formal opinion as to whether the injuries were the result of medical negligence. The lawyer will use this to decide how best to proceed.

If the medical expert agrees that malpractice was committed and your lawyer files a lawsuit against the guilty parties. This typically includes the obstetrician responsible for your pregnancy and delivery and any nurses or surgeons who helped during the delivery, as well as the hospital where the birth occurred.

Lawsuits can be expensive because of the numerous fees, including those for records, expert witnesses and depositions. Your lawyer will cover these expenses and then reimburse you after they have settled your case.

Preparing for the Trial

Typically, a birth injury lawyer is a person who handles any case where the infant suffered injuries due to negligence of a doctor prior to or shortly after birth. When examining the case, the lawyer will look at two aspects: whether there are any indications of medical negligence as well as the severity of the injury.

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

The experts will assist the lawyer determine which medical professionals should be included in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurance companies and ask them to respond to the lawsuit. A good birth injury attorney will know how to negotiate with the insurance companies and will be prepared to make the case go to trial if needed.

Parents may be entitled for damages for past and future medical expenses related to the injuries sustained by their child. Additionally, you could be awarded damages for pain and suffering. These damages can mount up when the child's injuries are serious. A skilled birth injury lawyers injury lawyer will maximize the compensation awarded to parents.

Insurance Companies

A birth injury lawsuit isn't able to reverse the harm done to your child but it could help cover future medical expenses therapies, home modifications, and ongoing support. These costs can seem overwhelming, but a seasoned birth injury lawyer will collaborate with a variety of experts to determine the financial impact on your family's finances from an injury that you suffered and how much compensation you are entitled to.

To submit a claim for birth injuries it is necessary to 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 the time of your child's birth. You can easily establish this by obtaining your hospital bills and medical records.

Once this has been established the lawyer will need to identify what specific actions the doctor made that were negligent and how they impacted the health of your child. A birth injury lawyer will know what to look for and where to obtain the medical records and expert witness testimony to demonstrate your case.

A good birth injury lawyer will take care of the details of your case and never require you to pay for justice. They should be able to work on a contingent fee basis which means that they get paid if they win your case. The amount they earn is a percentage of the settlement or award you receive.