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

Complications can still occur during and after a child's birth despite advances in medical technology making it more secure than ever. If you suspect your child was injured due to a birth injury, you should contact an experienced birth injury attorney right away.

A firm that concentrates on birth injury cases will usually advance all litigation expenses and only be paid if they obtain settlement in your case.

Damages

Although advances in medicine have made childbirth much safer than it was previously however, many mothers and infants are still susceptible to injuries due to a variety reasons. Head trauma and oxygen deprivation are among the most frequent. These injuries can cause lasting and severe disabilities such as cerebral palsy. A good birth injury attorney can help families get the compensation they need to fund lifelong care and support.

Your lawyer will request all medical records and reports related to the injury of your baby. The attorney can also employ medical experts to analyze the evidence and provide a formal opinion on whether the medical personnel who delivered your child violated the standard care. In a typical case an expert will assess the medical care provided by the defendant to methods commonly accepted by medical professionals who have the same experience and education.

Non-economic and economic damages can be awarded. Economic damages can include medical expenses loss of income, property damage. Non-economic damages include emotional distress and pain and suffering. In rare instances punitive damages could also be awarded. These are intended to punish the person responsible and discourage similar behaviour in the future. They are distinct from compensatory damages which are granted to recover actual losses.

Medical Experts

Although advances in medicine have made childbirth safer than ever before, the process is not without risk for both mother and child. It is up to the nurses and doctors involved in the birth process to act professionally and avoid making mistakes that could result in devastating consequences for the health of both parties. If they fail to do so and cause a birth injury parents can claim compensation for the damage.

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

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

If the medical professional agrees with you that malpractice occurred, your lawyer will file a suit against the responsible parties. This includes the obstetrician in charge of your pregnancy as well as any surgeons, nurses or hospital personnel who assisted during the birth.

Legal proceedings can be costly due to the many fees such as those for documents, expert witnesses, and depositions. Your lawyer will cover these costs and reimburse you once they have negotiated a settlement on your behalf.

Prepare for the trial

Generally, a birth injury lawyer will consider cases where the baby suffered injuries due to negligence of a doctor prior to or shortly after the birth. The lawyer will examine two things when reviewing the case whether there is evidence of medical negligence and how serious the injury.

In most cases, attorneys consult with medical experts in order to determine if medical negligence led to the injury. Experts will carefully review documents from the pregnancy, the child's birth and the medical treatment that was received for the injuries following. They will also be in a position to assess the effect of the injuries sustained by the child on his or her future.

The experts will help the lawyer to determine which medical providers should be named in the lawsuit. The lawyer will send an email asking the medical providers and insurers to respond to the claim. A good birth injury attorney will know how to negotiate with insurance companies and will be ready to go to trial should it be necessary.

Parents may be entitled for damages for past and future medical costs related to the injuries of their child. You could also be entitled to compensation for birth injury Attorney your pain and suffering. These damages can mount up in the event that the child's injuries are serious. A good birth injury attorney can help maximize the amount of compensation paid to the parents.

Insurance Companies

A birth injury lawsuit isn't able to undo the damage done to your child but it could help cover future medical costs, therapy, home modifications, and ongoing support. These costs might seem overwhelming at first but a good birth injury attorney will collaborate with a variety of experts to calculate the financial impact of a specific accident on your family and what amount you are legally entitled to receive compensation for these expenses.

The first step in a birth injury claim is to prove that the doctor who handled your case had a professional relationship with you and your child and that they breached that relationship by acting negligently prior to or during your child's delivery. This is easy to prove by obtaining your medical documents and hospital bills.

Once this is established the lawyer will need to identify the specific actions the doctor performed that were negligent and how these impacted the health of your child. A birth injury attorney will know what to look for and where you can get the medical documentation and expert witness testimony to prove your case.

A good birth injury attorney will take care of all the complexities of your case. They should never require you to pay out of your pocket to seek justice. They should be able and willing to work on a contingent fee basis. This means they will only get paid when they win your case, and their fee is a percentage from the settlement or award.