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

The risk of complications can be present in the course of the birth of a baby, despite medical advances making it safer than ever. If you suspect your child suffered a preventable birth injury, you should contact an experienced birth injury lawyer right away.

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

Damages

While advances in medicine have made childbirth more secure than it was previously yet many mothers and babies are still susceptible to injuries due to a variety reasons. Head trauma and oxygen deprivation are among the most frequent. These injuries can lead to devastating disabilities like cerebral palsy. An experienced birth injury lawyer can assist families in obtaining the compensation they require to cover the cost of lifelong treatment and care.

Your lawyer will seek all relevant medical records and reports related to your baby's injury. The attorney can also engage medical experts to analyze the evidence and provide an official opinion as to whether the medical professionals who delivered your baby did not follow the standard of care. In a typical case, an expert will evaluate the medical treatment provided by the defendant to practices typically accepted by medical experts with similar training and experience.

Economic and non-economic damages can be awarded. Economic damages may include medical expenses, lost income, and property damage. Non-economic damages include emotional distress and suffering. In rare cases the punitive damages might be awarded. They are intended to punish the party at fault and discourage similar conduct in the future. These are different from compensatory damages that are awarded to cover actual loss.

Medical Experts

While medical advances have made childbirth safer than ever before, there are still certain risks for both mother and baby. It is up to the nurses and doctors involved in the birth process to be professional and avoid mistakes that could result in devastating consequences for the health of both parties. When they fail to follow through and cause birth injuries, parents can seek compensation for their losses.

A birth injury lawyer will work closely with you throughout the course of your case, from the initial consultation through to the final resolution. They will gather evidence from you, such as witness testimony and medical records. They will also seek expert opinions from other sources, including doctors and specialists.

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

If the medical expert is of the opinion that malpractice occurred the lawyer will file a lawsuit against the accountable parties. This usually includes the obstetrician responsible for your pregnancy and delivery and 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 then reimburse you once they have won a settlement on your behalf.

Prepare for trial

A birth injury lawyer will work on any case where the baby was injured due to a doctor's negligence, prior to or during or shortly following delivery. The lawyer will consider two aspects when analyzing the case whether there is evidence of medical negligence, and how severe the injury is.

Attorneys will often consult with medical experts to determine whether the injury was caused by medical malpractice. These experts will carefully review documents from the pregnancy, birth of the child and the medical treatment that was received for 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 assist the lawyer determine the medical providers that should be included in the lawsuit. The lawyer will issue an email asking the medical providers and insurers to respond to the complaint. A reputable birth injury law firms injury lawyer will be able to negotiate with the insurance companies and will be prepared to go to trial should it be necessary.

Parents may be entitled to damages for past and future medical expenses that result from the injuries sustained by their child. They could also receive damages for suffering and pain. These damages can mount up particularly if the child's injuries are severe. An experienced birth injury lawyer can help maximize the amount of compensation that is awarded to parents.

Insurance Companies

While a birth injury lawsuit can't reverse the harm done to your child, it could help pay for future medical expenses for therapy, the cost, home modifications, and ongoing support. These expenses may seem overwhelming, but a seasoned birth injury lawyer will collaborate with a number of experts to determine the financial impact on your family of the injury you sustained and the amount of compensation you are entitled to.

The first step in a birth injury claim is to prove that the doctor who was involved in your case had an established professional relationship with you and your child, and that they violated the relationship by acting negligently during or before the child's birth. You can easily prove this by obtaining your hospital bills and medical records.

Once this is established after this is established, the lawyer must identify the specific actions taken by the doctor who were negligent and the effect they affected your child's health. A birth injury lawyer will know what to look for and how to obtain the medical records and expert witness testimony needed to establish your case.

A reputable birth injury lawyer can handle the entire complexity of your case and will never ask you to pay out of your pocket to seek justice. They should be able and willing to work on the basis of a contingent fee. This means they will only get paid when they win your case and their fee is a portion of the settlement or award.