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

Although advances in medicine make childbirth safer than ever but complications can still occur during and after the birth of the baby. If you suspect your child suffered a preventable birth injury, consult an experienced birth injury attorney right away.

A firm that is specialized in birth injury cases generally advances all costs associated with a lawsuit and only get paid when they are awarded the case.

Damages

While medical advances have made birthing safer than ever before but many mothers and their infants are still at a high risk of injury due to variety of reasons. These include oxygen deprivation head trauma and infections. These injuries can result in long-lasting and devastating disabilities including cerebral palsy. A good birth injury attorney can assist families in obtaining the compensation they require to cover the cost of lifelong treatment and support.

Your lawyer will request all medical records and reports that relate to the injuries suffered by your baby. They may also engage medical experts to review the evidence and provide an official opinion as to whether the medical professionals who delivered your baby did not follow the standards of care. In a typical case an expert will evaluate the medical treatment offered by the defendant with practices typically accepted by medical professionals with similar experience and training.

Damages may be awarded for economic and non-economic losses. Economic damages can include medical expenses loss of income, property damage. Non-economic damages include emotional distress and suffering. In rare cases punitive damages could also be awarded. They are intended to penalize the party at fault and discourage similar behavior in the future. They are distinct from compensatory damages, which are awarded to recover actual loss.

Medical Experts

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

A birth injury law firm injury attorney will be in close contact with you throughout the course of your case from the initial consultation until the final resolution. They will collect evidence from you, including witness testimony and medical records. They will also get expert opinions from other sources like doctors and specialists.

The experts will examine the evidence and give a formal opinion as to whether the injuries resulted from medical negligence. This will be used by the lawyer to determine how to proceed.

If the medical expert agrees with you that malpractice occurred, your lawyer will bring suit against the parties at fault. This typically includes the obstetrician who was responsible for the delivery and pregnancy and any nurses or surgeons who helped during the delivery and the hospital where the birth took.

The cost of a lawsuit can be expensive due to the charges for expert witnesses, documents, and depositions. Your lawyer will advance these expenses and then reimburse you once they have won settlement on your behalf.

Preparing for the Trial

Generally, a birth injury lawyer will take on any case where the baby suffered injuries caused by negligence of a doctor prior or shortly after delivery. The lawyer will consider two aspects when analyzing the case to determine if there evidence of medical negligence and how serious the injury.

In most cases, attorneys consult with medical experts in order to determine if a medical error caused the injury. They will review documents from the pregnancy, birth of the child and the medical treatment for the injuries afterward. They will also be able to assess the effect of the injuries suffered by the child on his or her future.

The experts will assist the lawyer in identifying which medical providers are to be named as defendants in the lawsuit. The lawyer will write an email to 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 ready to take the case to trial if necessary.

Parents could be entitled to compensation for medical expenses arising from the injuries suffered by their child. You could also be entitled to compensation for your pain and suffering. These damages could be substantial when the child's injuries were serious. A good birth injury attorney can maximize the amount of compensation that is given to parents.

Insurance Companies

While a birth injury lawsuit can't undo the harm that was done to your child, it can help pay for future medical expenses for therapy, the cost, home modifications and on-going support. The costs could appear overwhelming at first, but a competent birth injury attorney will work with multiple experts to assess the financial impact of an injury on your family, and what amount you are entitled to be compensated for these costs.

The first step in a birth injury claim is to establish that the doctor involved in your case had an established professional relationship with your child and you, and that they violated this relationship by acting negligently either prior to or after the birth of your child. It is easy to demonstrate this by looking up your medical bills and hospital bills.

Once this has been established the lawyer will have to determine what specific actions the doctor took that were negligent and how they affected your child's health. A birth injury attorney will know what to look for and how to obtain the medical evidence and expert witness testimony needed to demonstrate your case.

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