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

Although advances in medicine have made childbirth safer than ever, complications can still arise during and after the birth of a baby. If you believe your child suffered a preventable birth injury, you should contact an experienced birth injury attorney right away.

A firm that focuses on birth injuries will typically cover all litigation costs, and only be paid if they obtain an award in your case.

Damages

While advances in medicine have made childbirth safer than ever before but mothers and infants are still at a high danger of injury due variety reasons. Oxygen deprivation and head trauma are among the most frequent. These injuries can cause permanent and traumatic disabilities including cerebral palsy. A good birth injury attorney can assist families in obtaining the compensation they require to pay for lifelong treatment and support.

Your lawyer will request all medical records and other reports pertaining to the injury of your baby. He or she may also engage medical experts who will analyze the evidence and provide a formal opinion on whether the medical professionals who delivered your baby have violated the standard care. In a typical instance, an expert will compare the medical treatment provided by the defendant with the standard practices used by other medical professionals with similar qualifications and experience.

Economic and non-economic damages are able to be awarded. Economic damages cover costs like future and current medical bills, lost income and property loss. Non-economic damages may include emotional distress as well as pain and suffering. In rare cases, punitive damages may also be awarded. They are intended to penalize the party at fault and discourage similar conduct in the future. They are distinct from compensatory damages which are awarded to recover the actual loss.

Medical Experts

Although advances in medicine have made childbirth more secure than ever before, the process still involves some risk for mother and baby. It is the responsibility of nurses and doctors involved in a delivery to be professional and avoid making mistakes that could cause catastrophic harm for the health of both parties. When they fail to act accordingly and cause birth injuries, parents can 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 until the final resolution. They will collect evidence from you, such as witness statements and medical records as well as seek expert opinions from various sources, including other specialists and doctors.

They will look over 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 decide on the best way to proceed.

If the medical expert agrees that there was a malpractice the lawyer will file an action against the accountable parties. This usually includes the obstetrician in charge of the delivery and pregnancy, any nurses or surgeons who assisted during the delivery and the hospital where the birth took.

The cost of litigation can be quite high because of the many fees like the cost of documents, expert witnesses and depositions. Your lawyer will pay for these costs, and then reimburse you after they have settled your case.

Preparing for trial

A birth injury lawyer will work every case where the baby suffered injuries as a result of doctor negligence, either prior to or during or shortly after the birth. In analyzing the case the attorney will consider two aspects: whether there are any evidences of medical negligence as well as the extent of the injury.

Often, lawyers will consult with medical experts in order to determine if medical malpractice caused the injury. They will look over all records pertaining to the pregnancy, childbirth and medical treatment for injuries. They will also be in a position to evaluate the impact of the injuries suffered by the child on his or her future.

The experts will assist the lawyer in identifying which medical providers are to be named as defendants in the lawsuit. The lawyer will issue a letter asking the medical providers and insurers to respond to the claim. A good birth injury attorney will know how to negotiate with insurance companies and be ready to bring the case to trial if needed.

Parents may be entitled to damages for past and future medical expenses resulting from the injuries sustained by their child. They could also receive damages for pain and suffering. These damages can add up, especially if the child's injuries are severe. A good birth injury attorney can maximize the amount of money that is awarded to parents.

Insurance Companies

Although a lawsuit for birth injuries will not reverse the damage that occurred to your child, it could be used to pay for future medical expenses and the cost of therapy or home modifications as well as ongoing support. These costs may seem overwhelming, but a knowledgeable birth injury lawyer will work with a variety of experts to determine the financial effects on your family from an injury, and the amount of compensation you are entitled to.

In order to claim a birth injuries first, you must prove that your doctor and your child had a professional relationship and that the doctor violated this relationship by failing to act properly prior to or during the birth injury lawyers of your child. This is easy to prove through the collection of your medical documents and hospital bills.

Once this has been established the lawyer will have to identify the specific actions the doctor took that were negligent and how these affected your child's health. A birth injury attorney will know what to look for and where to obtain the medical records and expert witness testimony needed to demonstrate your case.

A good birth injury attorney can handle the entire complexity of your case. They should not require you to pay out of pocket to pursue justice. They should work on a contingency basis which means they only receive payment if they win your case and the amount they earn is a percentage of the settlement or award you receive.