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

Although advances in medicine make birthing safer than ever before however, complications can still happen following the birth of an infant. If you believe your child suffered a preventable birth injury, you should contact an experienced birth injury attorney immediately.

A firm that is specialized in birth injury cases will generally advance all legal costs and only get paid when they receive compensation for your case.

Damages

Although medical advances have made childbirth more secure than it used to be but many mothers and their babies are still at risk of injuries due to a variety of reasons. Oxygen deprivation and head trauma are among the most frequent. These injuries can result in lasting and severe disabilities including cerebral palsy. A good birth injury attorney will assist families to receive the compensation they need to cover the cost of lifelong treatment and care.

Your lawyer will ask for all relevant medical records and reports related to your baby's injury. They will also hire medical experts to analyze the evidence and give an opinion regarding whether the medical personnel involved in the birth of your baby violated the standard of care. In the typical scenario, an expert will compare medical care provided by defendant to practices commonly accepted by medical professionals who have the same experience and education.

Damages are awarded for economic and non-economic losses. Economic damages are for expenses like future and current medical bills, lost income and property loss. Non-economic damages include emotional distress as well as suffering and Birth Injury pain. In rare cases the punitive damages might be awarded. These are intended to punish the at-fault party and deter similar conduct in the future. These are different from compensatory damages, which are awarded to compensate for actual loss.

Medical Experts

While medical advances have made childbirth safer than ever, the process still poses a risk for both mother and child. It is the responsibility of doctors and nurses involved in the birth process to behave professionally and avoid making mistakes that could have devastating consequences for the health of both parties. If they fail to follow through and cause a birth injury parents can seek compensation for their losses.

A birth injury attorney will be in close contact with you throughout the course of your case, from the initial consultation through to the final resolution. They will gather evidence from you, including witness testimonies and medical records and also get expert opinions from various sources, including other doctors and specialists.

They will look over all the evidence and provide an official opinion on whether the injuries are due to medical negligence. The lawyer will then use this to determine how to proceed.

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

The cost of a lawsuit could be expensive due to the charges for expert witnesses, records, and depositions. Your lawyer will cover these costs and then reimburse you once they have negotiated settlement on your behalf.

Prepare for Trial

Generally, a birth injury lawyer will consider cases where the infant was injured due to negligence of a doctor prior to or shortly after the birth. When reviewing the case, the lawyer will look at two aspects: whether there any evidence of medical negligence and the extent of the injury.

Often, attorneys consult with medical experts in order to determine if medical malpractice caused the injury. They will look over all records pertaining to the birth, pregnancy, and medical treatment for injuries. They will also be able examine the effects of the injuries on the child as well as their future.

The experts will help the lawyer decide which medical professionals should be named in the lawsuit. The lawyer will then send a letter to the medical providers and their insurance companies asking them to respond to the claim. A good birth injury attorney will be able to negotiate with insurance companies and will be ready to take the case to trial if necessary.

Parents could be entitled to damages for future and past medical expenses that result from the injuries sustained by their child. Additionally, you could be awarded damages for the pain and suffering you have endured. These damages can be significant, especially if the child's injuries are serious. A good birth injury attorney will be able to maximize the amount of money paid to the parents.

Insurance Companies

While a birth injury lawsuit can't undo the harm that was done to your child, it can cover future medical expenses and the cost of therapy, home modifications, and ongoing support. The costs could appear overwhelming at first, but a skilled birth injury lawyer will work with multiple experts to estimate the financial impact of any injury on your family, and what amount you are entitled to 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 professional relationship with you and your child and that they breached the relationship by acting negligently prior to or during your child's delivery. You can easily prove this by obtaining your hospital bills and medical records.

Once this is established after this is established, the lawyer must determine the specific actions taken by the doctor that were negligent and the impact they affected your child's health. A birth injury attorney 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 attorney will take care of all the complexities of your case and will never ask you to pay out of pocket to pursue justice. They must be able to work on a contingent fee basis. This means that they will only get paid when they win your case, and their fee is a percentage from the settlement or award.