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

Although advances in medicine have made births more secure than ever however, complications can still happen during and after the birth of the baby. If you suspect your child suffered a preventable birth injury, consult an experienced attorney for birth injuries right away.

A firm that is specialized in cases involving birth injuries will generally advance all costs associated with a lawsuit and only get paid when they win compensation for your case.

Damages

While medical advances made childbirth more secure than ever before but many mothers and their babies are still at high risk of injury due to a variety reasons. These include oxygen deprivation, head trauma and infections. These injuries can cause lasting and severe disabilities like cerebral palsy. An experienced attorney for birth injuries can assist families in obtaining the compensation they need to cover lifelong medical treatment and care.

Your attorney will request all pertinent medical records and reports related to your baby's injury. He or she may employ medical experts who will review the evidence and provide a formal opinion on whether the medical personnel who delivered your baby did not follow the standards of care. In a typical situation, an expert will assess the medical care provided by the defendant to practices that are commonly used by medical experts with similar experience and training.

Damages may be awarded for economic and non-economic losses. Economic damages include medical expenses, lost income and property damage. Non-economic damages include emotional distress and suffering and pain. In rare circumstances, punitive damages may also be awarded. These are intended to punish the party responsible and discourage similar conduct in the future. They are separate from compensatory damages awarded to recover actual losses.

Medical Experts

Although advances in medicine have made childbirth more secure than ever, the process still involves some risk for birth injuries both mother and child. It is up to the doctors and nurses involved in a delivery to be professional and avoid making mistakes which could have catastrophic consequences for the health of both parties. If they fail to do so and cause birth injuries parents can seek compensation for their losses.

An attorney for birth injuries will work closely with you for the duration of your case, starting from the initial consultation through to the final resolution. They will collect evidence from you, such as medical records and witness testimonies as well as seek expert opinions from a variety of sources including other doctors and birth injuries specialists.

They will look over the evidence and offer an official opinion on whether the injuries were caused by medical negligence. The lawyer will use this to decide how best to proceed.

If the medical expert agrees that there was a malpractice and your lawyer files a lawsuit against those responsible parties. This typically consists of the obstetrician who was responsible for your pregnancy and delivery and any nurses or surgeons who assisted in the delivery as well as the hospital where the birth occurred.

The cost of a lawsuit can be high due to the fees for expert witnesses, evidence, and depositions. Your lawyer will advance these expenses and then reimburse you once they have negotiated a settlement on your behalf.

Prepare for trial

In general, a birth injuries lawyer will consider cases where the infant suffered injuries due to negligence of a doctor prior to, during or shortly after birth. The lawyer will examine two factors when analyzing the case whether there is evidence of medical negligence, and how serious the injury.

Attorneys often consult with medical experts to determine whether the injury was caused by medical negligence. They will look over all records related to the pregnancy, childbirth and medical treatment for injuries. They will also be able to assess the impact of the injuries on the child as well as his or her future.

The experts will aid 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 insurance companies and ask them to respond to the claim. A reputable attorney for birth injuries will be able to negotiate with the insurance companies and be prepared to bring the case to trial if needed.

Parents could be entitled to damages for past and future medical expenses resulting from the injuries of their child. They may also be awarded damages for pain and suffering. These damages can be substantial particularly if the child's injuries were severe. An experienced attorney for birth injuries can maximize the amount of money awarded to the parents.

Insurance Companies

Although a lawsuit for birth injuries will not reverse the damage that occurred to your child, it can be used to pay for future medical expenses, the cost of therapy, home modifications, and ongoing support. These costs may seem daunting, but a skilled birth injury lawyer will collaborate with several experts to determine the financial impact on your family due to the injury you sustained 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 professional relationship with you and your child and that they violated the relationship by acting negligently before or during the birth of your child. You can easily demonstrate this by looking up your medical records and hospital bills.

Once this is established the lawyer needs to identify what specific actions the doctor took that were negligent and how these impacted your child's health. An attorney for birth injuries will know what to look for and where to obtain the medical documentation and expert witness testimony needed to establish your case.

A competent birth injury attorney will handle all the complexities of your case and should never require you to pay out of your pocket to seek justice. They must be able to work on an hourly basis. This means that they only be paid if they win your case and their fee is a percentage of the settlement or award.