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 medical advances making it safer than ever. If you believe your child suffered a preventable birth injury, consult an experienced birth injury attorney right away.

A firm that specializes in birth injury cases generally will advance the entire cost of a lawsuit. They will only receive payment if they are awarded the case.

Damages

Although advances in medicine have made childbirth much safer than it was previously however, many mothers and infants are still at risk for injuries resulting from a variety reasons. These include oxygen deprivation, head trauma, and infections. These injuries can result in permanent and traumatic disabilities, including cerebral palsy. A skilled birth injury law firms injury lawyer can help families get compensation for the lifelong medical treatment and care they require.

Your lawyer will request all relevant medical records and reports relating to your baby's injury. The attorney may employ medical experts who will review the evidence and give an official opinion as to whether the medical professionals who delivered your child violated the standard care. In a typical instance, an expert will compare the medical treatment provided by the defendant with the practices that are commonly used by other medical professionals who have similar experience and training.

Economic and non-economic damages are able to be awarded. Economic damages may include medical expenses, lost income, and property damage. Non-economic damages include emotional distress and suffering and pain. In rare cases punitive damages could also be awarded. They are intended to penalize the at-fault party and prevent similar behavior in the future. These are different from compensatory damages, which are awarded to compensate for actual loss.

Medical Experts

While advances in medicine have made childbirth more safe than ever before, there are still certain risks for both mother and baby. It is the responsibility of nurses and doctors involved in the birth to behave in a professional manner, and to avoid making mistakes that could have disastrous consequences for both the baby and mother's health. When they fail to do this and cause birth injuries parents may claim compensation for the damage.

From the first consultation to the final resolution From the initial consultation to the final resolution, a lawyer for birth injuries will be closely involved in your case. They will collect evidence from you like witness statements and medical records as well as seek expert opinions from numerous sources including other doctors and specialists.

They will look over the evidence and give a formal opinion as to whether the injuries were the result of medical negligence. This will be used by the lawyer to decide what to do next.

If a medical professional is of the opinion that there was a malpractice then your lawyer will file a lawsuit against the responsible 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 during the birth and the hospital where the birth took.

Lawsuits can be expensive due to the numerous fees, including the cost of documents, expert witnesses, and depositions. Your lawyer will pay these costs, and then reimburse you after they have settled your case.

Preparing for Trial

A birth injury lawyer will take any case in which the baby was injured as a result of doctor negligence, prior to or during or shortly following delivery. In analyzing the case the lawyer will look at two things: whether or not there any evidence of medical negligence and the severity of the injury.

Often, attorneys consult with medical experts to determine whether medical malpractice led to the injury. They will review records from the pregnancy, the child's birth and the medical treatment received for the injuries that occurred afterward. They will also be able to analyze the effects of injuries on the child and his or her future.

The experts will assist the lawyer in identifying which medical professionals are to be named as defendants in the lawsuit. The lawyer will issue an email to the medical providers and insurers to respond to the complaint. A reputable birth injury lawyer will be able to deal with insurance companies and be prepared to go to trial if needed.

Parents may be entitled to compensation for past and future medical expenses related to the injuries sustained by their child. They may also be able to claim damages for suffering and pain. These damages can be substantial, especially if a child's injuries were serious. A good birth injury lawyer can increase the amount of money awarded to parents.

Insurance Companies

Although a lawsuit for birth injuries can't reverse the harm done to your child, it could help pay for future medical expenses for therapy, the cost, home modifications and on-going support. The costs could seem overwhelming at first, but a competent birth injury lawyer will work with a variety of experts to assess the financial impact of a specific injury on your family and how much you're legally entitled to receive compensation for these costs.

To make a claim for birth injuries it is necessary to prove that your doctor and your child shared an professional relationship, and that they breached that relationship by not acting appropriately prior to or during the birth of your child. This is easy to prove through the collection of your medical records and hospital bills.

Once this has been established the lawyer will need to identify the specific actions the doctor took that were negligent and how these affected the health of your child. A birth injury attorney will know what to look for and where you can get the medical records and expert witness testimony to establish your case.

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