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

Although advances in medicine have made births more secure than ever, complications can still arise after the birth of a baby. If you suspect your child suffered from a preventable birth injury, you should contact an experienced birth injury attorney immediately.

A firm that specializes in birth injury cases will generally advance all legal costs and only be paid if they are awarded the case.

Damages

Although medical advances have made childbirth more secure than it used to be yet many mothers and babies are still at risk for injuries from a variety of reasons. These include oxygen deprivation head trauma, and infections. These injuries can lead to devastating disabilities like cerebral palsy. A good birth injury attorney can help families receive the compensation they require to pay for lifelong treatment and care.

Your attorney will ask for all relevant medical records and reports relating to the baby's injury. He or she will also employ medical experts to review the evidence and give a formal opinion about whether the medical professionals involved in your baby's birth breached the standard of care. In a typical instance, an expert will compare the medical treatment offered by the defendant with the practices that are commonly used by other medical professionals who have similar training and experience.

Economic and non-economic damages can be awarded. Economic damages can include medical expenses loss of income, property damage. Non-economic damages include emotional distress and suffering and pain. In rare cases punitive damages can also be awarded. These are intended to punish the person responsible and discourage similar conduct in the future. They are distinct from compensatory damages, which are awarded to recover actual losses.

Medical Experts

Although advances in medicine have made childbirth safer than ever before, the process still poses a risk for both mother and child. It is up to the nurses and doctors involved in a birth to be professional and avoid mistakes that could have devastating consequences for the health of both parties. If they fail to do this and cause a birth injury, parents can seek compensation for their losses.

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

The experts will go over all the evidence, and provide an opinion in writing on whether the injuries are due to medical negligence. The lawyer will use this to decide how best to proceed.

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

The cost of a lawsuit can be high because of the many fees such as those for documents, expert witnesses and depositions. Your lawyer will advance these expenses and pay you back once they have negotiated a settlement on your behalf.

Preparing for a trial

In general, a birth injury lawyer will consider any case in which the infant suffered injuries due to negligence of a doctor prior to, during or shortly after delivery. The attorney will look at two aspects when evaluating the case in determining whether there is evidence of medical negligence and the severity of the injury.

Often, the attorneys will consult with medical experts in order to determine if medical negligence led to the injury. Experts will carefully review the records of the pregnancy, the child's birth and the medical treatment 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 aid the lawyer in determining the medical providers who will be named as defendants in the lawsuit. The lawyer will then send a letter the medical providers and their insurers and ask them to respond to the claim. A good birth injury attorney will be able to negotiate with the insurance companies and be prepared to go to trial if necessary.

Parents may be entitled for damages for future and past medical expenses related to the injuries of their child. They may also be able to claim damages for suffering and pain. These damages could be substantial in the event that a child's injuries were severe. A good birth injury attorney can help maximize the amount of money given to parents.

Insurance Companies

A birth injury lawsuit won't repair the harm caused to your child, but it could cover future medical expenses therapies, home modifications, and ongoing support. These costs might seem overwhelming at first, but a skilled birth injury attorney will work with multiple experts to calculate the financial impact of any injury on your family and what amount you are entitled to compensation for these costs.

In order to claim a birth injury it is necessary to prove that your doctor and your child shared a professional relationship and that they violated this relationship by failing to act properly prior to or during the time of your child's birth. You can easily demonstrate this by looking up your medical records and hospital bills.

Once this is established the lawyer must determine what specific actions the doctor performed that were negligent and how these impacted your child's health. A birth injury attorney will know what to look for and where to obtain the medical evidence and expert witness testimony to support your case.

A good birth injury attorney can handle the entire complexity of your case and should never require you to pay out of pocket to pursue justice. They should be willing to work on a contingency fee basis which means that they receive payment if they win your case. The amount they get is a percentage of the settlement or award you receive.