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

Although advances in medicine make births more secure than ever however, complications may still occur after the birth of the baby. If you believe your child suffered an unavoidable birth injury, contact an experienced birth injury attorney right away.

A firm that specializes in birth injury cases will typically advance all lawsuit expenses and only get paid when they receive compensation for your case.

Damages

While medical advances have made childbirth much safer than it used to be, many mothers and babies are still susceptible to injuries due to a variety of reasons. Oxygen deprivation and head trauma are among the most common. These injuries can result in long-lasting and devastating disabilities, including cerebral palsy. A good birth injury attorney will assist families to receive the compensation they require to cover the cost of lifelong treatment and support.

Your attorney will ask for all medical records and reports that relate to the injuries sustained by your baby. He or she may also employ medical experts to review the evidence and provide a formal opinion on whether the medical personnel who delivered your child violated the standard care. In a typical case, an expert will assess the medical care provided by the defendant to practices typically accepted by medical professionals with similar training and experience.

Economic and non-economic damages can be awarded. Economic damages include medical costs, lost income, and property damage. Non-economic damages include emotional distress as well as pain and suffering. In rare instances the punitive damages might be awarded. They are intended to punish the party at fault and discourage similar behaviour in the future. They are separate from compensatory damages that are given to compensate for actual losses.

Medical Experts

While advances in medicine have made childbirth safer than ever before, there are still some risks for both mother and baby. It is up to the nurses and doctors involved in the birth process to behave professionally and avoid making mistakes that could cause catastrophic harm for the health of both parties. When they fail to follow through and cause a birth injury parents can claim compensation for their injuries.

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

These experts will review all the evidence and give an official opinion on whether the injuries are due to medical negligence. This will be utilized by the lawyer to determine what to do next.

If the medical professional confirms that a mistake occurred your lawyer will bring suit against the accountable parties. This typically consists of the obstetrician who was responsible for the delivery and pregnancy as well as any surgeons or nurses who assisted during the delivery, as well as the hospital in which the birth took place.

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

Prepare for Trial

Generally, a birth injury lawyer is a person who handles any case where the baby suffered injuries 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 are any evidences of medical negligence, as well as the extent of the injury.

Often, lawyers will consult with medical experts to determine if a medical error led to the injury. Experts will carefully review documents from the pregnancy, birth of the child and the medical treatment given to the injuries that occurred afterward. They will also be able to evaluate the impact of the injuries suffered by the child on their future.

The experts will help the lawyer determine which medical professionals are to be named as defendants in the lawsuit. The lawyer will then send a letter the medical providers and their insurers asking them to respond to the claim. A good birth injury attorney will know how to negotiate with insurance companies and be ready to bring the case to trial if necessary.

Parents may be entitled for damages for future and past medical costs related to the injuries of their child. Additionally, you could be awarded damages for your pain and suffering. These damages could be substantial when the child's injuries were severe. A good birth injury attorney can maximize the amount of money awarded to the parents.

Insurance Companies

While a birth injury lawsuit will not reverse the damage that occurred to your child, it can help pay for future medical expenses, the cost of therapy, home modifications and on-going support. These costs may seem overwhelming at first but a competent birth injury lawyer will work with multiple experts to estimate the financial impact of any accident on your family and what amount you are entitled to be compensated for these expenses.

The first step in a birth injury lawsuit is to establish that the doctor who handled your case had an official relationship with you and your child and that they breached the relationship by acting negligently prior to or during the child's birth. This can be easy to prove by obtaining your medical documents and hospital bills.

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

A good birth injury attorney will handle all the complexities of your case and will never ask you to pay out of pocket to pursue justice. They must be able and willing to work on an hourly basis. This means they will only be paid if they win your case, and their fee is a portion of the settlement or award.