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, complications can still arise during and after the birth of an infant. If you suspect that your child suffered an unavoidable birth injury, contact an experienced birth injury lawyer immediately.

A firm that focuses on birth injuries will typically pay for birth injury attorney all litigation costs and only pay if they obtain an award in your case.

Damages

While medical advances have made childbirth safer than ever before however, mothers and their infants are at a higher danger of injury due number of reasons. Head trauma and oxygen deprivation are among the most frequent. These injuries can cause devastating disabilities such as cerebral palsy. A skilled birth injury lawyer can assist families in obtaining an award for the lifelong medical treatment and care they require.

Your lawyer will request all medical records and other reports pertaining to the injury of your baby. The attorney can also engage medical experts who will review the evidence and give a formal opinion on whether the medical personnel who delivered your baby have violated the standards of care. In a typical situation, an expert will evaluate the medical care provided by the defendant with the practices generally accepted by other medical professionals with similar training and experience.

Economic and non-economic damages can be awarded. Economic damages are for expenses including future and present medical bills, lost income and property loss. Non-economic damages could include emotional distress as well as suffering and pain. In rare instances, punitive damages may also be awarded. They are intended to punish the person who is at fault and discourage similar behaviour in the future. They differ from compensatory damages which are awarded to compensate for actual loss.

Medical Experts

Although medical advances have made childbirth safer than ever, the procedure still involves some risk for both baby and mother. It is the responsibility of doctors and nurses involved in a delivery to behave in a professional manner and avoid mistakes that could have devastating consequences for the health of both parties. Parents can be able to sue for damages if the doctors and nurses fail to act professionally during a delivery.

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

The experts will analyze the evidence and provide an official opinion on whether the injuries were caused by medical negligence. The lawyer will use this to decide how best to proceed.

If the medical professional confirms that a mistake was committed, your lawyer will file suit against the parties at fault. This includes the obstetrician who was in charge of your pregnancy, as well as any nurses, surgeons or hospital staff who assisted during the delivery.

The cost of a lawsuit could be expensive due to the charges for expert witnesses, evidence, and depositions. Your lawyer will cover these costs, and then reimburse you after they have settled your case.

Prepare for Trial

Generally, a birth injury lawyer takes every case where the infant suffered injuries due to negligence of a doctor prior to or shortly after birth. The lawyer will examine two aspects when analyzing the case in determining whether there evidence of medical negligence and how serious the injury.

In most cases, attorneys consult with medical experts in order to determine if a medical error caused the injury. The experts will go through all records related to the childbirth, pregnancy and medical treatment for injuries. They will also be able to evaluate the impact of the injuries suffered by the child on his or her future.

The experts will assist the lawyer to determine which medical providers should be named in the lawsuit. The lawyer will then send a letter the medical providers and their insurance companies asking them to reply to the lawsuit. A skilled birth injury attorney will be able to negotiate with insurance companies and will be ready to take the case to trial if necessary.

Parents may be entitled to compensation for past and future medical expenses related to their child's injuries. You could also be entitled to compensation for pain and suffering. These damages can be substantial, especially if a child's injuries were severe. A good birth injury attorney can help maximize the compensation awarded to the parents.

Insurance Companies

A birth injury lawsuit won't reverse the harm done to your child, but it could help cover future medical costs therapies, home modifications and ongoing support. These costs may seem overwhelming, but an experienced birth injury lawyer will collaborate with a variety of experts to determine the financial impact on your family's finances from the injury you sustained and how much compensation you are entitled to.

To claim a birth injury first, you must prove that your doctor and your child have a professional relationship and that he or she breached this relationship by failing to act properly prior to or during the time of your child's birth. You can easily prove this by collecting your medical records and hospital bills.

Once this has been established the lawyer must identify what specific actions the doctor made that were negligent and how they affected your child's health. A birth injury lawyer will know what to look for and where to get the medical documentation and expert witness testimony to establish your case.

A reputable birth injury lawyer will handle the complexities of your claim and never require you to pay for justice. They should work on a contingent fee basis which means that they get paid if they win your case and the amount they earn is a percentage of the settlement or award you receive.