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

There are still complications that can occur during and after a child's birth despite the advancements in medicine that make it safer than ever. If you believe your child was injured due to a birth injury, contact an experienced birth injury attorney right away.

A firm that concentrates on birth injuries will typically advance all litigation expenses and only be paid when they are successful in winning compensation in your case.

Damages

While medical advances have made birthing safer than ever before however, mothers and their babies are still at high danger of injury due number of reasons. These include oxygen deprivation, head trauma, and infections. These injuries can lead to devastating disabilities, such as cerebral palsy. An experienced birth injury lawyer will assist families to receive the compensation they need to pay for lifelong treatment and care.

Your lawyer will seek all relevant medical records and reports relating to the baby's injury. He or she may employ medical experts to analyze the evidence and give a formal opinion on whether the medical personnel who delivered your child violated the standard of care. In a typical case an expert will assess the medical care provided by the defendant to practices generally accepted by medical professionals who have the same experience and education.

Damages can be awarded for economic and non-economic losses. Economic damages cover expenses including future and present medical bills, lost income and property losses. Non-economic damages include emotional distress, suffering and pain. In rare instances punitive damages could also be awarded. These are designed to punish the at-fault party and deter similar behavior in the future. They are distinct from compensatory damages that are awarded to recover the actual loss.

Medical Experts

Although advances in medicine have made childbirth safer than ever before, the process still poses a risk for both mother and child. It is the responsibility of nurses and doctors who are involved in the birth to behave professionally and to avoid mistakes that could have disastrous consequences for both the baby and mother's health. When they fail to act accordingly and cause birth injuries parents may be able to seek compensation for their losses.

A birth injury attorney will be in close contact with you throughout the duration of your case, from beginning with the initial consultation until final resolution. They will collect evidence from you, like witness testimony and medical records. They will also get expert opinions from other sources, including doctors and specialists.

They will look over the evidence and give a formal opinion as to whether the injuries resulted from negligence on the part of a medical professional. This will be used by the lawyer to decide the best way to proceed.

If the medical professional believes that a malpractice occurred, your lawyer will file suit against the responsible parties. This typically includes the obstetrician in charge of the delivery and pregnancy, any nurses or surgeons who assisted during the delivery as well as the hospital where the birth took.

The cost of a lawsuit can be high due to the many costs, such as the cost of records, expert witnesses and depositions. Your lawyer will cover these costs, and then reimburse you once they have settled your case.

Preparing for a trial

In general, a birth injury lawyer takes any case in which the infant suffered injuries due to doctor negligence before, during or shortly after delivery. The lawyer will examine two aspects when analyzing the case: whether there is evidence of medical negligence, and how severe the injury is.

Attorneys will often consult with medical experts to determine if the injury was the result of medical negligence. These experts will review all documentation related to birth, pregnancy, and medical treatment for injuries. They will also be able to evaluate the effects of the injuries on the child as well as his or her future.

The experts will assist the lawyer determine which medical providers should be named in the lawsuit. The lawyer will write a letter asking the medical providers and insurers to respond to the claim. A good birth injury attorney will be able to negotiate with insurance companies and be prepared to make the case go to trial should it be necessary.

Parents may be entitled to damages for medical expenses that result from the injuries suffered by their child. You could also be entitled to compensation for your pain and suffering. These damages could be substantial when the child's injuries were serious. A reputable birth injury lawyer will maximize the amount of compensation paid to parents.

Insurance Companies

While a birth injury lawsuit cannot undo what happened to your child, it may cover future medical expenses, the cost of therapy, home modifications, and ongoing support. The costs could seem overwhelming, but a knowledgeable birth injury lawyer will work with several experts to determine the financial impact on your family's finances from the injury you sustained and the amount of compensation you are entitled to.

In order to file a claim for birth injuries you must first establish that your doctor and your child had an established professional relationship and he or she breached this relationship by committing a negligent act prior to or during your child's birth. This is easy to prove through the collection of your medical records and hospital bills.

After this is established the lawyer will need to identify what specific actions the doctor took that were negligent and how they affected your child's health. A birth injury attorney will know what to look for and where to obtain the medical documentation and expert witness testimony needed to establish your case.

A reputable birth injury lawyer will take care of the complexities of your claim and never require you to pay for justice. They should work on a basis of contingency fees which means that they only receive payment if they win your case and the amount they earn is a percentage of the settlement or award you receive.