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

Although advances in medicine have made childbirth more secure than ever before, complications can still arise after the birth of an infant. If you suspect that your child suffered an unavoidable birth injury, contact an experienced birth injury lawyer immediately.

A firm that specializes on birth injury cases will typically advance all litigation expenses and only pay if they obtain an award in your case.

Damages

Although advances in medicine have made childbirth more secure than it was previously yet many mothers and babies are still at risk for injuries resulting from a variety reasons. These include oxygen deprivation, head trauma, and infections. These injuries can cause devastating disabilities, such as cerebral palsy. An experienced birth injury law firm injury lawyer can assist families in obtaining the compensation they require to cover lifelong medical treatment and care.

Your lawyer will request all medical records and reports relevant to the injury suffered by your baby. The attorney will also hire medical experts to analyze the evidence and give a formal opinion about whether the medical professionals involved in your baby's delivery violated the standard of care. In a typical instance, an expert will compare the medical care provided by the defendant with the practices that are commonly used by other medical professionals with similar experience and training.

Damages are awarded for economic and non-economic losses. Economic damages can cover expenses like current and future medical bills, lost income, and property losses. Non-economic damages include emotional distress, suffering and pain. In rare instances, punitive damages can also be awarded. They are intended to penalize the party at fault and discourage similar behavior in the future. They are different from compensatory damages that are given to compensate for actual losses.

Medical Experts

While medical advances have made childbirth more safe than ever before, there are still certain risks for both mother and baby. It is up to the doctors and nurses involved in a birth to behave professionally and avoid mistakes that could result in devastating consequences for the health of both parties. If they fail to do this and cause birth injuries parents may seek compensation for their losses.

A birth injury lawyer will be in close contact with you throughout the entire duration of your case, starting from the initial consultation to the final resolution. They will collect evidence from you, like witness testimony and medical records. They will also obtain expert opinions from other sources like doctors and specialists.

The experts will go over all evidence and provide an official opinion as to whether the injuries were because of medical negligence. This will be utilized by the lawyer to decide how to proceed.

If the medical professional agrees that there was a malpractice and your lawyer files a lawsuit against those responsible parties. This includes the obstetrician who was in charge of your pregnancy, any surgeons, nurses, or hospital personnel who were involved in the delivery.

Legal proceedings can be costly because of the numerous fees, including the cost of records, expert witnesses and depositions. Your lawyer will pay these expenses and then reimburse you once they settle your case.

Preparing for the Trial

A birth injury law firms injury lawyer will work on any case in which the baby was injured due to a doctor's negligence, whether before or during or shortly following delivery. The lawyer will examine two aspects when analyzing the case to determine if there is evidence of medical negligence and how severe the injury is.

Attorneys frequently consult with medical experts to determine if the injury was the result of medical malpractice. They will review records from the pregnancy, the child's birth and the medical treatment received for the injuries later. They will also be able to assess the effect of the injuries suffered by the child on his or her future.

The experts will aid the lawyer in determining which medical providers are to be named as defendants in the lawsuit. The lawyer will then send an email asking the medical providers and insurers to respond to the complaint. A reputable birth injury lawyer will know how to negotiate with the insurance companies and be ready to take the case to trial should it be necessary.

Parents may be entitled to compensation for past and future medical expenses arising from their child's injuries. They may also be awarded damages for their pain and suffering. These damages can be substantial in the event that a child's injuries were severe. An experienced birth injury lawyer can help maximize the amount of compensation that is that is awarded to parents.

Insurance Companies

A birth injury lawsuit won't erase the harm done to your child but it can cover future medical costs, therapy, home modifications, and ongoing support. The costs could seem overwhelming, but a seasoned birth injury lawyer will collaborate with a number of experts to determine the financial impact on your family's finances from an injury, and the amount of compensation you are entitled to.

The first step in a birth injury lawsuit is to establish that the doctor who handled your case had an established professional relationship with you and your child and that they violated the trust by committing a breach during or before your child's delivery. You can easily demonstrate this by looking up your medical bills and hospital bills.

Once this is established the lawyer will need to determine what specific actions the doctor made that were negligent and how they affected the health of your child. A birth injury lawyer will know what to look for and where to get the medical evidence and expert witness testimony to establish your case.

A reputable birth injury lawyer will take care of the many complexities of your case and should never ask you to pay out of pocket to pursue justice. They must be able to work on a contingent fee basis. This means that they will only get paid when they win your case, and their fee is a portion of the settlement or award.