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

Complications are still possible during and after the birth of a baby, despite medical advances making it safer than ever. If you suspect that your child suffered from a preventable birth injury, contact an experienced birth injury attorney immediately.

A firm that specializes in birth injury cases generally advances the entire cost of a lawsuit. They will only get paid when they win compensation for your case.

Damages

While medical advances have made childbirth much safer than it was previously, many mothers and babies are still at risk for injuries resulting from a variety reasons. The lack of oxygen 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 can help families receive the compensation they require to cover lifelong medical treatment and support.

Your lawyer will request all relevant medical records and reports related to the injury your baby sustained. They will also hire medical experts to examine the evidence and provide an opinion regarding whether the medical experts involved in the birth injuries of your baby breached the standard of care. In a typical case an expert will compare the medical treatment provided by the defendant with the practices generally accepted by other medical professionals with similar experience and training.

Economic and non-economic damages can be awarded. Economic damages are for expenses including future and present medical bills, lost income and property loss. Non-economic damages include emotional distress, suffering and pain. In rare instances, punitive damages can also be awarded. These are designed to punish the at-fault party and prevent similar behavior in the future. They are separate from compensatory damages that are granted to recover actual losses.

Medical Experts

Although advances in medicine have made childbirth safer than ever before, there remain certain risks for both mother and baby. It is the responsibility of the nurses and doctors involved in the delivery to be professional and to avoid mistakes that could cause devastating harm for both mother and baby's health. 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 be in close contact with you throughout the entire duration of your case from the initial consultation to the final resolution. They will collect evidence from you, including witness testimonies and medical records and will also seek expert opinions from numerous sources including other specialists and doctors.

These experts will review the evidence and give an official opinion on whether the injuries resulted from medical negligence. This will be used by the lawyer to determine the best way to proceed.

If the medical expert confirms that a mistake was committed, your lawyer will file a lawsuit against the accountable parties. This typically includes the obstetrician who was responsible for your pregnancy and delivery, any nurses or surgeons who assisted in the delivery and the hospital where the birth occurred.

The cost of a lawsuit could be high due to the cost for expert witnesses, records and depositions. Your lawyer will advance these expenses and reimburse you once they have won an agreement on your behalf.

Preparing for the Trial

Generally, a birth injury law firm injury lawyer will consider any case where the infant was injured due to doctor negligence before or shortly after the birth. In analyzing the case the lawyer will take into consideration two things: whether or not there is evidence of medical negligence and the severity of the injury.

Often, attorneys consult with medical experts in order to determine if a medical error led to the injury. The experts will carefully examine documents from the pregnancy, the child's birth and the medical treatment that was received for the injuries that occurred afterward. They will also be able to determine the effects of the injuries suffered by the child on their future.

The experts will aid the lawyer in determining which medical professionals are to be named as defendants in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurance companies asking them to respond to the lawsuit. A good birth injury attorney will be able 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 damages for past and future medical expenses resulting from the injuries sustained by their child. They may also be able to claim damages for suffering and pain. These damages can be significant in the event that a child's injuries were serious. A good birth injury attorney will be able to maximize the amount of compensation given to parents.

Insurance Companies

While a birth injury lawsuit will not reverse the damage that occurred to your child, it can be used to pay for future medical expenses, the cost of therapy, home modifications, and ongoing support. These expenses may appear overwhelming at first, but a good birth injury attorney will work with multiple experts to determine the financial impact of a specific injury on your family, and the amount you are legally entitled to receive compensation for these expenses.

The first step in a birth injury lawsuit is to prove that the doctor in your case had an official relationship with you and your child. They must also prove that they breached that relationship by acting negligently during or before the child's birth. This can be simple to prove through the collection of your medical documents and hospital bills.

Once this is established After this is established, the lawyer needs to identify the specific actions performed by the doctor who were negligent and the impact they caused to your child's well-being. A birth injury attorney will know what to look for and how to obtain the medical records and expert witness testimony needed to establish your case.

A good birth injury attorney will take care of the many complexities 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 get paid if they win your case and the amount they get is a percentage of the settlement or award you receive.