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

While advances in medicine make childbirth safer than ever, complications can still arise during and after the birth of the baby. If you suspect that your child suffered a preventable birth injury, speak to an experienced birth injury lawyer right away.

A firm that specializes in cases involving birth injuries will generally advance all costs associated with a lawsuit and only get paid when they win the case.

Damages

Although advances in medicine have made childbirth more secure than it was before, many mothers and their infants are at a higher risk of injury for a number of reasons. These include oxygen deprivation, head trauma and infections. These injuries can cause devastating disabilities like cerebral palsy. An experienced birth injury lawyer can assist families in obtaining the compensation they require to cover lifelong medical treatment and support.

Your attorney will ask for all relevant medical records and reports related to the injury your baby sustained. They will also engage medical experts to review the evidence and provide an official opinion on whether the medical experts involved in your baby's delivery violated the standard of care. In a typical case an expert will compare medical care offered by the defendant with practices typically accepted by medical professionals with similar experience and qualifications.

Damages can be awarded for economic and non-economic losses. Economic damages are for expenses including future and present medical bills, lost income and property losses. Non-economic damages include emotional distress and pain and suffering. In rare cases punitive damages are also awarded. These are intended to punish the party at fault and discourage similar conduct in the future. They differ from compensatory damages, which are awarded to recover actual losses.

Medical Experts

Although medical advances have made childbirth safer than ever before, the process is not without risk for both mother and child. It is the responsibility of nurses and doctors who are involved in the delivery to behave professionally and avoid mistakes that could result in devastating consequences for the health of both parties. When they fail to do so and cause birth injuries parents may be able to claim compensation for their injuries.

A birth injury lawyer will be in close contact with you throughout the course of your case, from beginning with the initial consultation until final resolution. They will collect evidence from you such as medical records and witness testimonies and will also seek expert opinions from a variety of sources including other specialists and doctors.

These experts will review all the evidence and give an official opinion as to whether the injuries occurred because of medical negligence. The lawyer will then use this information to determine the best way to proceed.

If a medical professional is of the opinion that malpractice was committed then your lawyer will file a lawsuit against those responsible parties. This includes the obstetrician in charge of your pregnancy, any surgeons, nurses or hospital personnel who assisted during the birth.

Legal proceedings can be costly as a result of the many costs, such as those for documents, expert witnesses, and depositions. Your lawyer will cover these costs, and then reimburse you once they settle 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, during, or shortly after delivery. When examining the case, the attorney will consider two things: whether or not there are any indications of medical negligence as well as the severity of the injury.

In most cases, attorneys consult with medical experts to determine if a medical error led to the injury. These experts will review all records pertaining to the pregnancy, childbirth and medical treatment for injuries. They will also be in a position to determine the effects of the injuries suffered by the child on his or her future.

The experts will assist the lawyer decide the medical providers that should be named in the lawsuit. The lawyer will then send a letter the medical providers and their insurers asking them to respond to the claim. A reputable birth injury lawyer will be able to negotiate with the insurance companies and will be prepared to take the case to trial if necessary.

Parents may be entitled to damages for medical expenses related to the injuries suffered by their child. They may also be awarded damages for their pain and suffering. These damages can add up particularly if the child's injuries are serious. An experienced birth injury lawsuits injury lawyer will be able to maximize the amount of compensation given to parents.

Insurance Companies

Although a lawsuit for birth injuries cannot undo what happened to your child, it may be used to pay for future medical expenses for therapy, the cost, home modifications, and ongoing support. These costs can seem daunting, but a skilled birth injury lawyer will work with a team of experts to assess the financial impact on your family's finances from an injury, and how much compensation you are entitled to.

To file a claim for birth injury you must first establish that your doctor and your child had a professional relationship and that they violated this relationship by failing to act properly prior to or during your child's birth. You can easily demonstrate this by looking up your hospital bills and medical records.

Once this is established, the lawyer will need determine the specific actions taken by the doctor that were negligent and the impact they had on the health of your child. A birth injury lawyer will know what to look for and where you can get the medical records and expert witness testimony needed to support your case.

A reputable birth injury lawyer can handle the entire complexity of your case. They should never ask you to pay out of your pocket to seek justice. They should be willing to work on a contingency fee basis which means they only get paid if they win your case. The amount they earn is a portion of the settlement or award you receive.