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

The risk of complications can be present during and after the birth of a baby despite advancements in medical technology that make it safer than ever. If you suspect your child suffered an unavoidable birth injury, speak to an experienced attorney for birth injuries right away.

A firm that is specialized in cases involving birth injuries will typically advance all legal costs and only be paid if they receive the case.

Damages

Although advances in medicine have made childbirth safer than ever before but mothers and infants are still at a high risk of injury due to a variety of reasons. Head trauma and oxygen deprivation are among the most common. These injuries can lead to lasting and severe disabilities including cerebral palsy. An experienced attorney for birth injuries will assist families to receive the compensation they require to cover the cost of lifelong treatment and support.

Your lawyer will ask for all relevant medical records and reports related to the baby's injury. The attorney may also engage medical experts to review the evidence and provide an opinion in writing on whether the medical personnel who delivered your child violated the standards of care. In a typical situation, an expert will evaluate the medical treatment provided by the defendant to methods generally accepted by medical experts who have the same experience and education.

Damages may be awarded for economic and non-economic losses. Economic damages cover costs such as current and future medical bills, lost income, and property losses. Non-economic damages include emotional distress, pain and suffering. In rare cases, punitive damages may also be awarded. They are intended to penalize the party at fault and discourage similar behavior in the future. These are separate from the compensation damages that are awarded to cover actual losses.

Medical Experts

Although medical advances have made childbirth safer than ever, the procedure remains a risky one for both the mother and the baby. It is the responsibility of doctors and nurses involved in the birth process to behave in a professional manner and avoid mistakes which could have catastrophic consequences for the health of both parties. If they fail to follow through and cause birth injuries, parents can seek compensation for their losses.

An attorney for birth injuries will be in close contact with you throughout the duration of your case, from the initial consultation through to the final resolution. They will gather evidence from you like medical records and witness testimonies, and also obtain expert opinions from many sources, including other doctors and specialists.

They will look over the evidence and give a formal opinion as to whether the injuries resulted from medical negligence. The lawyer will use this to decide on the best way to proceed.

If the medical professional agrees that there was a malpractice, your lawyer will file a lawsuit against the responsible parties. This includes the obstetrician in charge of your pregnancy, and any surgeons, nurses, or hospital personnel who assisted during the birth.

The cost of a lawsuit could be high due to the fees for expert witnesses, documents, and depositions. Your lawyer will advance these expenses and pay you back once they have negotiated an agreement on your behalf.

Prepare for Trial

In general, a birth injuries lawyer is a person who handles any case in which the baby suffered injuries due to negligence of a doctor prior to, during or shortly after delivery. The lawyer will examine two aspects when evaluating the case to determine if there evidence of medical negligence and how serious the injury.

Often, the attorneys will consult with medical experts to determine if a medical error caused the injury. They will review documents from the pregnancy, birth of the child and the medical treatment for the injuries following. They will also be able to assess the impact of the injuries on the child as well as the future of the child.

The experts will aid the lawyer in determining the medical providers who will be named as defendants in the lawsuit. The lawyer will issue an email asking the medical providers and insurers to respond to the complaint. A reputable attorney for birth injuries will know how to negotiate with insurance companies and will be ready to bring the case to trial if necessary.

Parents may be entitled to damages for past and future medical expenses that result from the injuries suffered by their child. They could also be awarded damages for pain and suffering. These damages can add up when the child's injuries are serious. An experienced attorney for birth injuries will be able to maximize the amount of compensation awarded to the parents.

Insurance Companies

Although a lawsuit for birth injuries will not reverse the damage that occurred to your child, it can help pay for future medical expenses and the cost of therapy, home modifications and on-going support. The costs could seem overwhelming, but a seasoned birth injury lawyer will work with a variety of experts to determine the financial impact on your family's finances from a specific injury and how much compensation you are entitled to.

The first step in a birth injury lawsuit is to establish that the doctor involved in your case had an established professional relationship with your child and you, and that they breached the trust by committing a breach either prior to or after the child's birth. You can easily demonstrate this by looking up your hospital bills and medical records.

Once this is established After this is established, the lawyer needs to identify the specific actions made by the doctor who was negligent and the effect they had on your child's wellbeing. An attorney for birth injuries will know what to look for and where to obtain the medical documentation and expert witness testimony to establish your case.

A competent birth injury attorney will take care of the many complexities of your case and should never require you to come out of pocket to pursue justice. They should work on a contingency basis, meaning that they only receive payment if they win your case. The amount they earn is a percentage of the settlement or award you receive.