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

Although advances in medicine make childbirth more secure than ever before, complications can still arise following the birth of the baby. If you suspect that your child was injured due to a birth injury, you should contact an experienced birth injury attorney immediately.

A firm that specializes in cases involving birth injuries generally advances all legal costs and only receive payment if they receive compensation for your case.

Damages

While medical advances made childbirth more secure than it was before, many mothers and their infants are still at a high risk of injury due to variety reasons. Head trauma and oxygen deprivation are among the most frequent. These injuries can result in permanent and traumatic disabilities like cerebral palsy. A good birth injury attorney will assist families to receive 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. They will also employ medical experts to review the evidence and provide a formal opinion about whether the medical professionals involved in the delivery of your baby did not meet the standards of care. In a typical situation, an expert will evaluate the medical care offered by the defendant with the practices generally accepted by other medical professionals with similar training and experience.

Damages are 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 and pain and suffering. In rare cases punitive damages can also be awarded. They are intended to punish the responsible party and discourage similar behaviour in the future. They are separate from compensatory damages which are awarded to recover actual losses.

Medical Experts

Even though medical advances have made childbirth safer than ever, the process is not without risk for both baby and mother. It is up to the nurses and doctors involved in the birth process to be professional and avoid making mistakes which could have catastrophic consequences for the health of both parties. When 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 from beginning with the initial consultation until final resolution. They will collect evidence from you, like witness testimony and medical records. They will also obtain expert opinions from other sources including doctors and specialists.

The experts will go over all evidence and provide a formal opinion on whether the injuries occurred due to medical negligence. This will be used by the lawyer to decide on the best way to proceed.

If the medical expert is of the opinion that there was a malpractice the lawyer will file an action against the accountable parties. This includes the obstetrician who was in charge of your pregnancy as well as any surgeons, nurses, or hospital personnel who were involved in the delivery.

The costs of a lawsuit may be high due to the costs for expert witnesses, documents, and depositions. Your lawyer will pay for these expenses, and reimburse you after they have settled your case.

Preparing for a trial

A birth injury lawyer will take on any case where the baby suffered injuries as a result of doctor negligence, either prior to, during, or shortly after birth. When reviewing the case the lawyer will take into consideration two things: whether there is evidence of medical negligence as well as the severity of the injury.

Attorneys will often consult with medical experts to determine if the injury was the result of medical negligence. They will look over all records pertaining to the birth, pregnancy, and medical treatment for injuries. They will also be able to examine the effects of the injuries on the child and 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 the medical providers and their insurance companies inquiring them to respond to the lawsuit. A good birth injury attorney will be able to negotiate with the insurance companies and will be ready to take the case to trial if necessary.

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

Insurance Companies

A birth injury lawsuit can't reverse the harm done to your child but it can help pay for future medical expenses such as therapy, home improvements and ongoing support. These costs may seem overwhelming at first, however, a reputable birth injury lawyer will work with multiple experts to calculate the financial impact of any injury to your family and how much you're entitled to compensation for these expenses.

To make a claim for birth injuries, you must first prove that your doctor and your child had an official relationship and that they violated this relationship by acting negligently before or during your child's birth injury law firm. This can be simple to prove by obtaining your medical records and hospital bills.

Once this is established, the lawyer will need to identify what specific actions the doctor performed 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 records and expert witness testimony needed to prove your case.

A good birth injury attorney will take care of all the complexities of your case and will never ask you to pay out of pocket to pursue justice. They should be willing and able to work on the basis of a contingent fee. This means that they will only be paid if they win your case and their fee is a proportion of the settlement or award.