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

There are still complications that can occur during and after the birth of a baby, despite medical advances that make it safer than ever. If you believe your child suffered a preventable birth injury, speak to an experienced birth injury lawyer right away.

A firm that is specialized in cases involving birth injuries will typically advance the entire cost of a lawsuit. They will only get paid when they receive the case.

Damages

While advances in medicine have made childbirth safer than it was previously however, many mothers and infants are still at risk of injuries due to a variety of reasons. Head trauma and oxygen deprivation are among the most common. These injuries can lead to devastating disabilities like cerebral palsy. An experienced birth injury lawyer can help families receive the compensation they require to fund lifelong care and support.

Your lawyer will request all medical records and reports relevant to the injuries suffered by your baby. The attorney can also engage medical experts who will analyze the evidence and give a formal opinion on whether the medical professionals who delivered your baby have violated the standard of care. In a typical situation, an expert will assess the medical care provided by the defendant to the practices generally accepted by other medical professionals who have similar experience and training.

Non-economic and economic damages can be awarded. Economic damages can cover expenses including future and present medical bills, lost income and property loss. Non-economic damages can include emotional distress and suffering. In rare instances punitive damages could also be awarded. These are intended to punish the party at fault and discourage similar conduct in the future. These are separate from the compensatory damages which are awarded to cover actual losses.

Medical Experts

While advances in medicine have made childbirth safer than ever before, there remain some risks for both mother and baby. It is the responsibility of the nurses and doctors who are involved in the delivery to act professionally, and to avoid mistakes that could cause devastating harm for both mother and baby's health. Parents can seek damages if doctors and nurses do not behave professionally during the delivery.

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

These experts will review the evidence and offer a formal opinion as to whether the injuries were the result of medical negligence. The lawyer will use this to determine how to proceed.

If a medical professional is of the opinion that there was a malpractice then your lawyer will file a lawsuit against those responsible parties. This usually includes the obstetrician in charge of the delivery and pregnancy, any nurses or surgeons who assisted during the delivery as well as the hospital where the birth occurred.

Lawsuits can be expensive because of the numerous fees, including those for documents, expert witnesses and depositions. Your lawyer will cover these expenses and then reimburse you once they settle your case.

Prepare for trial

A birth injury lawyer will take on any case in which the baby suffered injuries due to a doctor's negligence, whether before or during or shortly after delivery. When examining the case, the attorney will consider two things: whether or not there any evidence of medical negligence and the severity of the injury.

In most cases, 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 following. They will also be in a position to assess the effect of the injuries sustained by the child on their future.

The experts will assist the lawyer identify which medical professionals should be named in the lawsuit. The lawyer will send a letter to the medical providers and their insurers asking them to respond to the claim. A reputable attorney for birth injuries 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 damages for future and past medical expenses that result from the injuries suffered by their child. They may also be able to claim damages for their pain and suffering. The amount of damages could be substantial particularly if the child's injuries are severe. A skilled birth injury lawyer can increase the amount of money awarded to parents.

Insurance Companies

While a birth injury lawsuit cannot undo what happened to your child, it could help pay for future medical expenses as well as the cost of therapy as well as home modifications and ongoing support. These costs might appear overwhelming at first, but a skilled birth injury lawyer will collaborate with several experts to estimate the financial impact of an injury on your family, and how much you're entitled to compensation 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. They must also prove that they breached this relationship by acting negligently before or during the birth of your child. It is easy to prove this by obtaining your hospital bills and medical records.

Once this has been established the lawyer must identify the specific actions the doctor performed that were negligent and how they affected your child's health. A birth injury attorneys injury lawyer will know where to locate the medical records as well as expert witness testimony and other evidence necessary to prove your claim.

A competent birth injury attorney will take care of all the complexities of your case. They will never ask you to pay out of pocket to pursue justice. They should be able and willing to work on an hourly basis. This means that they'll only be paid if they win your case, and their fee is a percentage from the settlement or award.