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

While advances in medicine make birthing safer than ever before, complications can still arise during and after the birth of the baby. If you suspect that your child suffered an unavoidable birth injury, you should contact an experienced birth injury attorney immediately.

A firm that concentrates on birth injury cases will usually pay for all litigation costs and only be compensated when they are successful in winning compensation in your case.

Damages

While medical advances have made childbirth more secure than it was before, many mothers and their infants are at a higher danger of injury due variety of reasons. Oxygen deprivation and head trauma are among the most frequent. These injuries can cause catastrophic disabilities, such as cerebral palsy. A good birth injury attorney can assist families in obtaining the compensation they need to pay for lifelong treatment and support.

Your lawyer will request all relevant medical records and reports related to the baby's injury. The attorney can employ medical experts to analyze the evidence and give a formal opinion on whether the medical professionals who delivered your baby did not follow the standards of care. In the typical scenario, an expert will assess the medical care provided by defendant to practices generally accepted by medical experts with similar training and experience.

Economic and non-economic damages may be awarded. Economic damages can include medical expenses as well as lost income and property damage. Non-economic damages may include emotional distress and suffering and pain. In rare cases punitive damages can also be awarded. These are intended to punish the party at fault and discourage similar conduct in the future. They are separate from compensatory damages that are granted to recover actual losses.

Medical Experts

Although medical advances have made childbirth more secure than ever, the procedure is not without risk for mother and baby. It is the responsibility of nurses and doctors involved in the birth process to behave in a professional manner and avoid mistakes which could have catastrophic consequences for the health of both parties. If they fail to do so and cause a birth injury parents may be able to seek compensation for their losses.

A birth injury attorney will work closely with you throughout the course of your case from the initial consultation until the final resolution. They will collect evidence from you, including medical records and witness testimony and also get expert opinions from a variety of sources including other doctors and specialists.

These experts will review all evidence and provide an official opinion on whether the injuries occurred due to medical negligence. This will be used by the lawyer to determine the best way to proceed.

If the medical expert agrees that there was a malpractice, birth injury attorney your lawyer will file a lawsuit against the guilty parties. This includes the obstetrician who was in charge of your pregnancy, any nurses, surgeons or hospital personnel who assisted during the delivery.

The costs of a lawsuit are expensive due to the charges for expert witnesses, records and depositions. Your lawyer will cover these expenses, and reimburse you once they have settled your case.

Prepare for the trial

Typically, a birth injury lawyer will consider every case where the infant suffered injuries caused by negligence of a doctor prior, during or shortly after delivery. The lawyer will examine two aspects when evaluating the case whether there is evidence of medical negligence and how severe the injury is.

Attorneys frequently consult with medical experts to determine whether the injury was the result of medical negligence. They will review the records of the pregnancy, the child's birth and the medical treatment that was received for the injuries afterward. They will also be able analyze the effects of injuries on the child and his or her future life.

The experts will assist the lawyer in determining which medical professionals are to be named as defendants in the lawsuit. The lawyer will then send a letter 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 insurance companies and will be ready to bring the case to trial should it be necessary.

Parents may be entitled to compensation for medical expenses arising from their child's injuries. You could also be entitled to compensation for your pain and suffering. These damages can mount up, especially if the child's injuries are serious. A good birth injury attorney can maximize the amount of compensation awarded to the parents.

Insurance Companies

A birth injury lawsuit won't undo the damage done to your child but it can cover future medical expenses, therapy, home modifications, and ongoing support. The costs could appear overwhelming at first, however, a reputable birth injury lawyer will work with multiple experts to determine the financial impact of a particular injury on your family and the amount you are entitled to compensation for these expenses.

The first step in a birth injury lawsuit is to prove that the doctor who was involved in your case had an official relationship with you and your child. They must also prove that they breached that relationship by acting negligently either prior to or after the child's birth. This may be easy to prove through the collection of your medical records and hospital bills.

Once this is established, the lawyer must identify what specific actions the doctor made that were negligent and how they impacted your child's health. A birth injury attorney will know what to look for and where to obtain the medical documentation and expert witness testimony needed to support your case.

A good birth injury attorney can handle the entire complexity of your case. They will never require you to come out of pocket to pursue justice. They should work on a contingency basis, meaning that they only be paid if they succeed in winning your case and the amount they receive is a percentage of the settlement or award you receive.