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

While advances in medicine make childbirth safer than ever however, complications can still happen following the birth of an infant. If you suspect your child suffered a preventable birth injury, consult an experienced attorney for birth injuries immediately.

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

Damages

While medical advances made childbirth safer than ever before but mothers and infants are still at a high risk of injury due to number of reasons. Trauma to the head and oxygen deprivation are among the most frequent. These injuries can lead to devastating disabilities, such as cerebral palsy. An experienced attorney for birth injuries birth injuries can help families get the compensation they require to cover the cost of lifelong treatment and support.

Your attorney will ask for all medical records and reports that relate to the injury of your baby. The attorney can also engage medical experts to review the evidence and give an opinion in writing on whether the medical professionals who delivered your child violated the standard of care. In a typical instance, an expert will assess the medical treatment provided by the defendant with the practices that are commonly used by other medical professionals with similar qualifications and experience.

Economic and non-economic damages are able to be awarded. Economic damages can cover expenses such as current and future medical bills, lost income, and property loss. Non-economic damages include emotional distress, suffering and pain. In rare circumstances, punitive damages can also be awarded. They are intended to punish the party at fault and discourage similar behavior in future. They are distinct from compensatory damages, which are awarded to compensate for actual loss.

Medical Experts

Even though medical advancements have made childbirth safer than ever before, there remain certain risks for both mother and baby. It is the responsibility of the nurses and doctors who are involved in the birth to act professionally, and to avoid making mistakes that can have devastating consequences for both baby and mother's health. When they fail to do so and cause birth injuries parents may claim compensation for their injuries.

An attorney for birth injuries will be in close contact with you throughout the course of your case, starting from beginning with the initial consultation until final resolution. They will collect evidence from you such as witness testimonies and medical records and also get expert opinions from various sources, including other doctors and specialists.

These experts will examine all the evidence and give an opinion in writing on whether the injuries were by medical negligence. The lawyer will use this to decide on the best way to proceed.

If a medical professional is of the opinion that malpractice was committed, your lawyer will file a lawsuit against the guilty parties. This includes the obstetrician who was in charge of your pregnancy, and any surgeons, nurses or hospital staff who assisted during the birth.

The cost of a lawsuit are high due to the costs 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 trial

In general, a birth injuries lawyer will consider any case where the infant suffered injuries caused by negligence of a doctor prior or shortly after the birth injury attorneys. In analyzing the case the lawyer will be looking at two things: whether there is evidence of medical negligence and the severity of the injury.

Attorneys often consult with medical experts to determine whether the injury was caused by medical negligence. Experts will examine all records pertaining to the pregnancy, childbirth, 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 help the lawyer identify the medical providers that should be included in the lawsuit. The lawyer will send an inquiry letter to medical providers and Birth Injuries insurers to respond to the complaint. A reputable attorney for birth injuries will know how to negotiate with insurance companies and be prepared to go to trial if needed.

Parents may be entitled to damages for future and past medical expenses related to the injuries suffered by their child. Additionally, you could be awarded damages for the pain and suffering you have endured. These damages can mount up particularly if the child's injuries are severe. An experienced attorney for birth injuries can maximize the amount of compensation that is awarded to the parents.

Insurance Companies

Although a lawsuit for birth injuries will not reverse the damage that occurred to your child, it can cover future medical expenses as well as the cost of therapy, home modifications and on-going support. These costs might seem overwhelming at first however, a reputable birth injury lawyer will work with multiple experts to estimate the financial impact of a specific injury on your family and how much you are entitled to receive in compensation for these expenses.

The first step in a birth injury claim is to establish that the doctor who was involved in your case had an established professional relationship with you and your child, and that they breached the relationship by acting negligently before or during your child's delivery. It is easy to demonstrate this by looking up your medical records and hospital bills.

Once this is established, the lawyer needs to determine what specific actions the doctor performed that were negligent and how these affected your child's health. An attorney for birth injuries will know what to look for and where you can get the medical records and expert witness testimony needed to establish your case.

A good birth injury lawyer will take care of the many complexities of your case and will never ask you to pay for justice. They should be able and willing to work on the basis of a contingent fee. This means that they will only be paid if they win your case and their fee is a percentage from the settlement or award.