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

Complications are still possible during and after the birth of a child despite the advancements in medicine making it safer than ever. If you suspect your child suffered from a preventable birth injury, you should contact an experienced attorney for birth injuries immediately.

A firm that specializes in cases involving birth injuries will generally advance all legal costs and only get paid when they win compensation for your case.

Damages

While advances in medicine have made birthing safer than ever before but many mothers and their babies are still at high risk of injury due to a number of reasons. Head trauma and oxygen deprivation are among the most frequent. These injuries can cause catastrophic disabilities such as cerebral palsy. An experienced attorney for birth injuries will assist families to receive the compensation they need to fund lifelong care and care.

Your attorney will request all pertinent medical records and reports related to the baby's injury. He or she will also employ medical experts to examine the evidence and give an official opinion as to whether the medical experts involved in your baby's delivery did not meet the standards of care. In a typical situation, an expert will evaluate the medical treatment provided by defendant to practices that are commonly used by medical experts with similar experience and training.

Damages may be awarded for economic and non-economic losses. Economic damages may include medical expenses, lost income, and property damage. Non-economic damages include emotional distress, suffering and pain. In rare instances, punitive damages can also be awarded. These are meant to penalize the party at fault and discourage similar conduct in the future. These are different from compensatory damages that are awarded to recover the actual loss.

Medical Experts

While medical advances have made childbirth more secure than ever before, the process is not without risk for mother and baby. It is the responsibility of doctors and nurses involved in a birth 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 birth injuries parents may seek compensation for their damages.

An attorney for birth injuries will work closely with you throughout the entire duration of your case from beginning with the initial consultation until final resolution. They will gather evidence from you, including witness testimony and medical records. They will also obtain expert opinions from other sources including doctors and specialists.

These experts will review the evidence and provide a formal opinion as to 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 agrees that malpractice was committed, your lawyer will file an action against the accountable parties. This includes the obstetrician in charge of your pregnancy, and any nurses, surgeons or hospital staff who assisted during the birth.

Lawsuits can be expensive as a result of the numerous fees, including those for documents, expert witnesses, and depositions. Your lawyer will pay these expenses, and reimburse you after they have settled your case.

Preparing for the Trial

In general, a birth injuries lawyer is a person who handles any case in which the baby suffered injuries caused by negligence of a doctor prior 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 severity of the injury.

Often, the attorneys will consult with medical experts to determine if medical negligence caused the injury. The experts will carefully examine records from the pregnancy, birth of the child and the medical treatment received for the injuries that occurred afterward. They will also be in a position to evaluate the impact of the injuries sustained by the child on their future.

The experts will assist the lawyer determine which medical providers should be named in the lawsuit. The lawyer will then send a letter the medical providers and their insurers asking them to reply to the claim. A reputable attorney for birth injuries will be able to negotiate with the insurance companies and be ready to bring the case to trial if necessary.

Parents may be entitled to damages for past and future medical expenses resulting from the injuries suffered by their child. You may also receive damages for the pain and suffering you have endured. These damages can be significant, especially if a child's injuries were serious. An experienced attorney for birth injury lawsuits injuries can help maximize the amount of compensation paid to the parents.

Insurance Companies

Although a lawsuit for birth injuries will not reverse the damage that occurred to your child, it may pay for future medical expenses and the cost of therapy or home modifications as well as ongoing support. The costs could seem overwhelming, but an experienced birth injury lawyer will work with a number of experts to determine the financial impact on your family due to an injury that you suffered and how much compensation you are entitled to.

The first step in a birth injury claim is to establish that the doctor who handled your case had an established professional relationship with you and your child. They must also prove that they violated the trust by committing a breach 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 is established Once this is established, your lawyer will need to identify the specific actions made by the doctor who was negligent and the impact they caused to your child's well-being. An attorney for birth injuries will know what to look for and where to obtain the medical records and expert witness testimony needed to demonstrate your case.

A reputable birth injury lawyer will deal with the details of your case and never ask you to pay for justice. They should work on a contingency basis which means they only get paid if they win your case and the amount they receive is a percentage of the settlement or award you receive.