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

Although advances in medicine have made childbirth safer than ever but complications can still occur in the course of birth and after the birth injuries of a baby. If you suspect that your child suffered a preventable birth injury, speak to an experienced birth injury attorney immediately.

A firm that concentrates on birth injury cases is likely to cover all litigation costs, and only be paid if they obtain compensation in your case.

Damages

Although advances in medicine have made childbirth more secure than it was before but mothers and babies are still at high risk of injury for a variety of reasons. Oxygen deprivation and head trauma are among the most common. These injuries can cause permanent and devastation to the body including cerebral palsy. A good birth injury attorney can help families get the compensation they need to pay for lifelong treatment and care.

Your attorney will ask for all relevant medical records and reports related to the baby's injury. The attorney can also employ medical experts to review the evidence and provide a formal opinion on whether the medical professionals who delivered your baby violated the standard of care. In the typical scenario, an expert will evaluate the medical treatment provided by the defendant to methods generally accepted by medical experts with similar experience and training.

Economic and non-economic damages may be awarded. Economic damages can cover expenses such as current and future medical bills, lost income and property loss. Non-economic damages can include emotional distress as well as suffering. In rare cases the punitive damages might be awarded. These are meant to penalize the person who is at fault and discourage similar conduct 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 safer than ever before, there are some risks for both the mother and baby. It is up to the nurses and doctors involved in a birth to act professionally and avoid mistakes that could result in devastating consequences for the health of both parties. If they fail to follow through and cause a birth injury parents may be able to seek compensation for their losses.

A birth injury attorney will work closely with you throughout the entire duration of your case, beginning 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, including doctors and specialists.

These experts will examine all the evidence and provide an official opinion as to whether the injuries occurred because of medical negligence. This will be used by the lawyer to decide on what to do next.

If a medical professional believes that a malpractice was committed the lawyer will bring suit against the accountable parties. This usually includes the obstetrician who was in charge of the delivery and pregnancy, any nurses or surgeons who assisted in the delivery, as well as the hospital where the birth injury law firm took place.

The cost of a lawsuit can be high as a result of the numerous fees, including those for records, expert witnesses, and depositions. Your lawyer will pay for these expenses, and will reimburse you once they have settled your case.

Preparing for Trial

A birth injury lawyer will take on any case in which the baby suffered injuries due to a doctor's negligence, either prior to, during, or shortly after the birth. The lawyer will consider two factors when analyzing the case whether there evidence of medical negligence and the severity of the injury.

Often, attorneys consult with medical experts to determine whether medical malpractice caused the injury. The experts will go through all documentation related to pregnancy, childbirth, and medical treatment for injuries. They will also be in a position to assess the effects of the injuries sustained by the child on his or her future.

The experts will assist the lawyer in determining the medical providers who will be named as defendants in the lawsuit. The lawyer will then send a letter to the medical providers and their insurers asking them to reply to the lawsuit. A good birth injury attorney will know how to negotiate with insurance companies and be prepared to bring the case to trial if needed.

Parents may be entitled for damages for past and future medical expenses that result from the injuries suffered by their child. You could also be entitled to compensation for pain and suffering. The amount of damages could be substantial, especially if the child's injuries are severe. A good birth injury attorney will be able to maximize the amount of compensation that is awarded to the parents.

Insurance Companies

While a birth injury lawsuit cannot undo what happened to your child, it can cover future medical expenses, the cost of therapy, home modifications, and ongoing support. These costs may seem overwhelming, but a knowledgeable birth injury lawyer will work with a variety of experts to determine the financial impact on your family of a specific injury and how much compensation you are entitled to.

The first step in a birth injury lawsuit is to prove that the doctor who handled your case had an official relationship with you and your child and that they breached the relationship by acting negligently during or before the birth of your child. This is easy to prove by obtaining your medical records and hospital bills.

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

A good birth injury attorney will take care of the many complexities of your case and should never require you to come out of pocket to pursue justice. They should be able to work on a contingent fee basis which means that they receive payment if they win your case. The amount they earn is a portion of the settlement or award you receive.