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

While advances in medicine make birthing safer than ever before but complications can still occur in the course of birth and after the birth of an infant. If you believe your child was injured due to a birth injury, speak to an experienced birth injury attorney right away.

A firm specializing in birth injuries will typically cover all litigation costs, and only be paid if they obtain the case and receive compensation.

Damages

Although advances in medicine have made childbirth safer than ever before however, mothers and their babies are still at risk of risk of injury due to a variety reasons. These include oxygen deprivation head trauma, and infections. These injuries can cause permanent and devastation to the body, 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 support.

Your attorney will request all pertinent medical records and reports related to your baby's injury. They will also engage medical experts to review the evidence and provide an opinion regarding whether the medical experts involved in your baby's delivery violated the standard of medical care. In a typical case, an expert will examine the medical care provided by the defendant with the practices generally accepted by other medical professionals who have similar experience and training.

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

Medical Experts

While medical advances have made childbirth more safe than ever before, there are still some risks for both mother and baby. It is the responsibility of the doctors and nurses who are involved in the birth to behave professionally and to avoid making mistakes which could result in devastating consequences for both the baby and mother's health. Parents can seek damages if doctors and nurses fail to behave appropriately during a delivery.

A birth injury attorney will work closely with you for the duration of your case, from the initial consultation to the final resolution. They will collect evidence from you, such as medical records and witness testimonies as well as seek expert opinions from a variety of sources including other doctors and specialists.

The experts will go over all the evidence and give an opinion in writing on whether the injuries are by medical negligence. This will be utilized by the lawyer to decide on the best way to proceed.

If the medical expert agrees that there was a malpractice and your lawyer files a lawsuit against those responsible parties. This typically includes the obstetrician in charge of the delivery and pregnancy, any nurses or surgeons who assisted during the birth, as well as the hospital in which the birth took place.

The cost of a lawsuit can be high because of the many costs, such as those for records, expert witnesses, and depositions. Your lawyer will pay these expenses and then reimburse you once they have settled your case.

Preparing for a trial

A birth injury lawyer will work on any case where the baby suffered injuries due to a doctor's negligence, prior to, during, or shortly following delivery. The lawyer will examine two aspects when analyzing the case whether there is evidence of medical negligence, and how severe the injury is.

Attorneys often consult with medical experts to determine whether the injury was the result of medical malpractice. These experts will review all records pertaining to the birth, pregnancy, and medical treatment for injuries. They will also be able analyze the effects of injuries on the child and the future of the child.

The experts will aid the lawyer in determining which medical providers are to be named as defendants in the lawsuit. The lawyer will then send a letter asking the medical providers and insurers to respond to the claim. A good birth injury attorney will know how to negotiate with the insurance companies and will be prepared to take the case to trial should it be necessary.

Parents could be entitled to compensation for future and past medical expenses resulting from the injuries suffered by their child. Additionally, you could be awarded damages for the pain and suffering you have endured. These damages could be substantial in the event that a child's injuries were severe. A good birth injury attorney can help maximize the amount of compensation given to parents.

Insurance Companies

A birth injury lawsuit can't reverse the harm done to your child but it could help cover future medical expenses therapy, home modifications and ongoing support. The costs could seem overwhelming, but an experienced birth injury lawyer will work with several experts to determine the financial effects on your family from an injury, and how much compensation you are entitled to.

To file a claim for birth injury first, you must prove that your doctor and your child have an established professional relationship and the doctor violated this relationship by committing a negligent act prior to or during the birth of your child. You can easily prove this by collecting your medical records and hospital bills.

Once this is established after this is established, the lawyer must determine the specific actions taken by the doctor who were negligent and the effect they had on the health of your child. A birth injury attorney will know what to look for and how to obtain the medical documentation and expert witness testimony to prove your case.

A good birth injury attorney can handle the entire complexity of your case and will never ask you to pay out of pocket to pursue justice. They should work on a contingency basis which means that they receive compensation if they prevail in your case. The amount they earn is a portion of the settlement or award you receive.