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 the advancements in medicine making it more secure than ever. If you believe your child was injured due to a birth injury, speak to an experienced birth injury attorney right away.

A firm that is specialized in cases involving birth injuries generally will advance the entire cost of a lawsuit. They will only be paid if they win compensation for your case.

Damages

While medical advances have made childbirth more secure than it used to be but many mothers and their babies are still at risk of injuries resulting from a variety reasons. Trauma to the head and oxygen deprivation are among the most common. These injuries can cause devastating disabilities, such as cerebral palsy. A good birth injury attorney can assist families in obtaining the compensation they need to pay for lifelong treatment and support.

Your attorney will request all pertinent medical records and reports related to the injury your baby sustained. The attorney can also engage medical experts to analyze the evidence and give an official opinion on whether the medical personnel who delivered your baby did not follow the standard of care. In a typical instance, an expert will assess the medical care provided by the defendant with the practices that are commonly used by other medical professionals who have similar experience and training.

Damages can be awarded for economic and non-economic losses. Economic damages are for expenses like current and future medical bills, lost income and property losses. Non-economic damages could include emotional distress and pain 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. They are different from compensatory damages which are granted to recover actual losses.

Medical Experts

Even though medical advances have made childbirth more secure than ever, the procedure remains a risky one for mother and baby. It is the responsibility of the nurses and doctors involved in the birth injury law firm to act professionally, and to avoid mistakes that can have devastating consequences for both mother and baby's health. Parents can claim damages if nurses and doctors fail to act professionally during a delivery.

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

These experts will examine all the evidence and give an opinion in writing on whether the injuries are because of medical negligence. The lawyer will use this to determine how to proceed.

If the medical expert confirms that a mistake occurred your lawyer will file a suit against the parties responsible. This includes the obstetrician in charge of your pregnancy, and any nurses, surgeons or hospital staff who assisted during the delivery.

The costs of a lawsuit could be high due to the cost for expert witnesses, records and depositions. Your lawyer will cover these costs, and then reimburse you once they settle your case.

Prepare for trial

A birth injury lawyer will work on any case in which the baby was injured due to doctor negligence, whether before, during, or shortly after delivery. When examining the case, the lawyer will take into consideration two things: whether there are any evidences of medical negligence, as well as the extent of the injury.

Attorneys frequently consult with medical experts to determine if the injury was the result of medical negligence. Experts will carefully review documents from the pregnancy, the child's birth and the medical treatment for the injuries following. They will also be able to evaluate the impact of the injuries suffered by the child on their future.

The experts will help the lawyer decide the medical providers that should be included in the lawsuit. The lawyer will write an email to the medical providers and insurers to respond to the claim. A good birth injury attorney will be able to negotiate with the insurance companies and will be prepared to take the case to trial if needed.

Parents could be entitled to damages for past and future medical expenses that result from the injuries suffered by their child. They could also receive damages for suffering and pain. These damages can add up when the child's injuries are serious. A good birth injury attorney will be able to maximize the compensation that is awarded to parents.

Insurance Companies

A birth injury lawsuit won't reverse the harm done to your child but it can cover future medical expenses, therapy, home modifications, and ongoing support. These costs may seem overwhelming, but a seasoned birth injury lawyer will collaborate with several experts to determine the financial impact on your family due to an injury that you suffered and how much compensation you are entitled to.

To submit a claim for birth injuries, you must first prove that your doctor and your child shared an official relationship and that he or she breached this relationship by failing to act properly prior to or during the time of your child's birth. This is easy to prove through the collection of your medical documents and hospital bills.

Once this is established the lawyer will have to identify what specific actions the doctor took that were negligent and how they impacted the health of your child. A birth injury attorney will know what to look for and where you can get the medical documentation and expert witness testimony to establish your case.

A good birth injury attorney will take care of all the 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 they only receive compensation if they prevail in your case and the amount they earn is a portion of the settlement or award you receive.