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

Although medical advances make childbirth safer than ever but complications can still occur following the birth of a baby. If you believe your child suffered an unavoidable birth injury, contact an experienced attorney for birth injuries immediately.

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 advances in medicine have made childbirth much safer than it was previously but many mothers and their babies are still susceptible to injuries resulting from a variety reasons. Trauma to the head and oxygen deprivation are among the most common. These injuries can result in lasting and birth injuries severe disabilities like 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 care.

Your attorney will ask for all medical records and reports related to the injuries suffered by your baby. He or she will also hire medical experts to examine the evidence and provide an opinion regarding whether the medical experts involved in the delivery of your baby did not meet the standards of care. In a typical case, an expert will compare medical care offered by the defendant with practices typically accepted by medical experts with similar training and experience.

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

Medical Experts

Even though medical advances have made childbirth safer than ever, the procedure is not without risk for mother and baby. It is the responsibility of doctors and nurses who are involved in the delivery to behave in a professional manner, and to avoid making mistakes that could cause devastating harm for both the baby's and mother's health. When they fail to follow through and cause birth injuries parents may seek compensation for their damages.

An attorney for birth injuries 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, including witness testimony and medical records. They will also seek expert opinions from other sources, including doctors and specialists.

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

If the medical professional believes that a malpractice occurred Your lawyer will file a lawsuit against the parties at fault. This typically consists of the obstetrician in charge of your pregnancy and delivery and any nurses or surgeons who helped during the delivery and the hospital in which the birth took place.

The cost of litigation can be quite high due to the many costs, such as the cost of records, expert witnesses and depositions. Your lawyer will advance these costs and pay you back once they have negotiated a settlement on your behalf.

Preparing for the Trial

In general, a birth injuries lawyer will consider any case in which the infant suffered injuries due to doctor negligence before or shortly after birth. When reviewing the case the lawyer will look at two aspects: whether there are any indications of medical negligence and the severity of the injury.

Attorneys often consult medical experts to determine if the injury was caused by medical negligence. The experts will carefully examine records from the pregnancy, the child's birth and the medical treatment received for the injuries later. They will also be able to evaluate the impact of the injuries sustained by the child on his or her future.

The experts will help the lawyer determine which medical providers should be included in the lawsuit. The lawyer will then send a letter to the medical providers and their insurers inquiring them to respond to the lawsuit. A reputable attorney for birth injuries will be able to negotiate with insurance companies and will be ready to go to trial if necessary.

Parents could be entitled to damages for past and future medical expenses that result from the injuries sustained by their child. They may also be able to claim damages for their pain and suffering. The amount of damages could be substantial in the event that the child's injuries are serious. An experienced attorney for birth injuries can help maximize the amount of compensation that is given to parents.

Insurance Companies

Although a lawsuit for birth injuries cannot undo what happened to your child, it could cover future medical expenses for therapy, the cost, home modifications and on-going support. The costs could seem overwhelming at first however, a reputable birth injury lawyer will work with multiple experts to determine the financial impact of an injury to your family and how much you're entitled to receive in compensation for these expenses.

In order to make a claim for birth injuries it is necessary to prove that your doctor and your child shared a professional relationship and that he or she breached this relationship by acting negligently before or during the time of your child's birth injury law firm. It is easy to prove this by collecting your medical records and hospital bills.

After this is established the lawyer will need to determine what specific actions the doctor made that were negligent and how these impacted the health of your child. An attorney for birth injuries will know what to look for and where to obtain the medical documentation and expert witness testimony to support your case.

A competent birth injury attorney will take care of all the complexities of your case and will never require you to pay out of your pocket to seek justice. They should be willing to work on a contingency fee basis which means that they be paid if they succeed in winning your case. The amount they get is a percentage of the settlement or award you receive.