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

Although advances in medicine have made birthing safer than ever before however, complications can still happen after the birth of an infant. If you believe your child suffered an injury to their birth that could have been prevented contact a birth injuries lawyer immediately.

A firm that specializes in cases involving canby birth injury lawyer injuries generally will advance the entire cost of a lawsuit. They will only be paid if they win the case.

Damages

Although advances in medicine have made childbirth more secure than it used to be but many mothers and their babies are still susceptible to injuries due to a variety of reasons. The lack of oxygen and head trauma are among the most common. These injuries can lead to devastating disabilities, such as cerebral palsy. A good birth injury attorney will assist families to receive the compensation they require to pay for lifelong treatment and care.

Your attorney will ask for all medical records and reports related to the injury of your baby. He or she will also employ medical experts to analyze the evidence and give an official opinion on whether the medical professionals involved in your baby's birth breached the standard of care. In a typical situation, an expert will examine 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 could include emotional distress as well as pain and suffering. In rare cases punitive damages are also awarded. These are intended to punish the party at fault and discourage similar behavior in future. They differ from compensatory damages that are awarded to compensate for actual loss.

Medical Experts

Although advances in medicine have made childbirth safer than ever, the process still poses a risk for both mother and child. It is the responsibility of doctors and nurses who are involved in the delivery to behave in a professional manner, and to avoid mistakes that could have disastrous consequences for both mother and baby's health. Parents may be able to sue for damages if the doctors and nurses are not professional during the delivery.

From the initial consultation to the final resolution, a birth injury lawyer will be closely involved in your case. They will gather evidence from you, such as witness testimony and medical records. They will also get expert opinions from other sources including doctors and specialists.

These experts will review the evidence and give an official opinion on whether the injuries were the result of medical negligence. This will be used by the lawyer to determine the best way to proceed.

If the medical expert believes that a malpractice occurred, your lawyer will bring suit against the parties at fault. This usually includes the obstetrician who was in charge of the delivery and pregnancy and any nurses or surgeons who assisted during the birth, as well as the hospital where the birth took place.

The cost of a lawsuit are high due to the fees for expert witnesses, records and depositions. Your lawyer will advance these expenses and pay you back once they have negotiated an agreement on your behalf.

Preparing for trial

Generally, a birth injury lawyer will take on any case in which the baby suffered injuries due to doctor negligence before or shortly after the birth. The lawyer will examine two things when reviewing the case in determining whether there is evidence of medical negligence and how serious the injury.

Often, attorneys consult with medical experts to determine if medical negligence led to the injury. The experts will go through all records related to the childbirth, pregnancy and medical treatment for injuries. They will also be able analyze the effects of injuries on the child and his or her future life.

The experts will assist the lawyer decide which medical providers should be included in the lawsuit. The lawyer will write an inquiry letter to medical providers and insurers to respond to the complaint. A reputable Edgewater Birth Injury Law Firm injury lawyer will know how to negotiate with insurance companies and be prepared to go to trial if needed.

Parents may be entitled for damages for future and past medical expenses related to the injuries sustained by their child. They could also be awarded damages for their pain and suffering. These damages can add up in the event that the child's injuries are severe. A good birth injury lawyer will maximize the compensation awarded to parents.

Insurance Companies

Although a lawsuit for birth injuries cannot undo what happened to your child, it could help pay for future medical expenses for therapy, the cost, home modifications, and ongoing support. These costs can seem overwhelming, but a seasoned birth injury lawyer will work with a variety of experts to determine the financial impact on your family due to the injury you sustained and how much 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 official relationship with you and your child and that they violated that relationship by acting negligently prior to or during the child's birth. This may be easy to prove through the collection of your medical records and hospital bills.

Once this is established the lawyer needs to determine the specific actions that the doctor made that were negligent and how they impacted the health of your child. A birth injury lawyer will know where to get the medical documents along with expert witness testimony and other evidence necessary to prove your claim.

A reputable birth injury lawyer will take care of all the complexities of your case and will not require you to pay out of pocket to pursue justice. They should be able to work on a contingency basis which means that they be paid if they succeed in winning your case. The amount they earn is a percentage of the settlement or award you receive.