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 however, complications can still happen during and after the birth of the baby. If you believe your child was injured due to a birth injury, consult an experienced attorney for birth injuries immediately.

A firm that is specialized in cases involving birth injury lawyers injuries will generally advance all costs associated with a lawsuit and only receive payment if they are awarded the case.

Damages

While advances in medicine have made childbirth a lot safer than it was previously yet many mothers and babies are still at risk for injuries from a variety of reasons. The lack of oxygen and head trauma are among the most frequent. These injuries can lead to devastating disabilities such as cerebral palsy. An experienced attorney for birth injuries can assist families in obtaining the compensation they need to cover the cost of lifelong treatment and support.

Your lawyer will request all medical records and reports related to the injury of your baby. He or she will also employ medical experts to examine the evidence and give a formal opinion about whether the medical personnel involved in your baby's delivery violated the standard of care. In a typical instance, an expert will evaluate the medical care provided by the defendant with the practices generally accepted by other medical professionals with similar experience and training.

Damages can be awarded for both economic and non-economic losses. Economic damages cover expenses such as current and future medical bills, lost income and property loss. Non-economic damages include emotional distress and suffering and pain. In some cases, punitive damages may also be awarded. These are meant to penalize the person who is at fault and discourage similar behavior in future. They differ from compensatory damages, which are awarded to recover the actual loss.

Medical Experts

Even though medical advancements have made childbirth more safe than ever before, there remain some risks for both mother and baby. It is up to the doctors and nurses involved in a delivery to behave in a professional manner and avoid making mistakes which could have catastrophic consequences for the health of both parties. When they fail to act accordingly and cause birth injuries parents may seek compensation for their damages.

An attorney for birth injuries will be in close contact with you for the duration of your case, from beginning with the initial consultation until final resolution. They will gather evidence from you such as medical records and witness testimonies and also get expert opinions from a variety of sources including other specialists and doctors.

These experts will review the evidence and give an official opinion on whether the injuries were the result of medical negligence. This will be utilized by the lawyer to decide what to do next.

If a medical professional is of the opinion that malpractice occurred the lawyer will file suit against the responsible parties. This includes the obstetrician in charge of your pregnancy as well as any surgeons, nurses or hospital personnel who were involved in the delivery.

The cost of a lawsuit can be high as a result of the many fees such as the cost of records, expert witnesses and depositions. Your lawyer will pay these costs and then reimburse you when they have negotiated a settlement on your behalf.

Preparing for a trial

In general, a birth injuries lawyer is a person who handles any case where the baby suffered injuries caused by negligence of a doctor prior, during or shortly after delivery. When examining the case, the lawyer will look at two aspects: whether there are any indications of medical negligence and the severity of the injury.

Often, lawyers will consult with medical experts to determine if medical malpractice caused the injury. The experts will carefully examine the records of the pregnancy, the child's birth and the medical treatment for the injuries that occurred afterward. 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 help the lawyer identify the medical providers that should be named in the lawsuit. The lawyer will send an email to the medical providers and insurers to respond to the complaint. A reputable attorney for birth injuries will know how to negotiate with the insurance companies and will be ready to bring the case to trial if needed.

Parents may be entitled to damages for future and past medical costs related to the injuries of their child. They may also be awarded damages for pain and suffering. The amount of damages could be substantial when the child's injuries are serious. An experienced attorney for birth injuries will be able to maximize the amount of money awarded to the parents.

Insurance Companies

Although a lawsuit for birth injuries can't undo the harm that was done to your child, it could cover future medical expenses for therapy, the cost as well as home modifications and ongoing support. These costs may seem overwhelming at first but a good birth injury attorney will collaborate with several experts to calculate the financial impact of an injury on your family and what amount you are entitled to receive in compensation for these expenses.

The first step in a birth injury lawsuit is to prove that the doctor involved in your case had an professional relationship with you and your child, and that they violated this relationship by acting negligently prior to or during the birth of your child. It is easy to prove this by obtaining your medical records and hospital bills.

After this is established the lawyer must determine what specific actions the doctor took that were negligent and how these affected your child's health. An attorney for birth injuries will know what to look for and where to obtain the medical records and expert witness testimony to support your case.

A competent birth injury attorney can handle the entire complexity of your case and should never require you to pay out of your pocket to seek justice. They should be able and willing to work on the basis of a contingent fee. This means that they'll only be paid if they win your case, and their fee is a percentage from the settlement or award.