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

Although medical advances make birthing safer than ever before but complications can still occur following the birth of an infant. If you suspect your child was injured due to a birth injury, speak to an experienced birth injury attorney right away.

A firm that is specialized in birth injury cases generally advances all costs associated with a lawsuit and only get paid when they win the case.

Damages

While medical advances made childbirth more secure than ever before but many mothers and their infants are still at a high risk of injury for a variety reasons. The lack of oxygen and head trauma are among the most frequent. These injuries can cause catastrophic disabilities, such as cerebral palsy. A good Birth Injury (vimeo.com) attorney will assist families to receive the compensation they require to cover lifelong medical treatment and care.

Your lawyer will request all medical records and other reports pertaining to the injury suffered by your baby. The attorney may employ medical experts who will analyze the evidence and provide an official opinion as to whether the medical personnel who delivered your child violated the standard care. In a typical case an expert will compare medical care provided by the defendant to practices that are commonly used by medical professionals who have the same experience and education.

Damages are awarded for economic and birth injury non-economic losses. Economic damages cover costs including future and present medical bills, lost income, and property losses. Non-economic damages include emotional distress, suffering and pain. In rare instances, punitive damages can also be awarded. These are intended to punish the at-fault party and deter similar behavior in the future. They are different from compensation damages that are granted to recover actual losses.

Medical Experts

Even though medical advances have made childbirth safer than ever, the procedure remains a risky one for both the mother and the baby. It is up to the doctors and nurses who are involved in the delivery to be professional and avoid mistakes that could cause catastrophic harm for the health of both parties. When they fail to do so and cause a birth injury parents can seek compensation for their damages.

A birth injury attorney will work closely with you throughout the entire duration of your case, beginning from the initial consultation to the final resolution. They will collect evidence from you, including medical records and witness testimonies as well as seek expert opinions from many sources, including other specialists and doctors.

They will look over all the evidence and give a formal opinion on whether the injuries were by medical negligence. This will be used by the lawyer to decide on how to proceed.

If the medical expert agrees that malpractice was committed the lawyer will file a lawsuit against those responsible parties. This typically includes the obstetrician responsible for your pregnancy and delivery and any nurses or surgeons who assisted during the birth and the hospital where the birth took place.

Legal proceedings can be costly as a result of the many fees like those for documents, expert witnesses and depositions. Your lawyer will advance these costs and pay you back once they have negotiated settlement on your behalf.

Prepare for the trial

Generally, a birth injury lawyer is a person who handles cases where the infant was injured due to negligence of a doctor prior to, during or shortly after the birth. When reviewing the case the lawyer will take into consideration two aspects: whether there any 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 caused by medical negligence. The experts will carefully examine the records of the pregnancy, birth of the child and the medical treatment given to the injuries later. They will also be able examine the effects of the injuries on the child and his or her future life.

The experts will assist the lawyer in determining which medical providers are to be named as defendants in the lawsuit. The lawyer will issue a letter asking the medical providers and insurers to respond to the complaint. A good birth injury attorney will be able to negotiate with insurance companies and be ready to bring the case to trial should it be necessary.

Parents could be entitled to damages for past and future medical costs related to the injuries suffered by their child. They could also receive damages for pain and suffering. These damages can be substantial particularly if the child's injuries were severe. A good birth injury attorney will be able to maximize the amount of compensation that is paid to the parents.

Insurance Companies

While a birth injury lawsuit cannot undo what happened to your child, it can help pay for future medical expenses as well as the cost of therapy as well as home modifications and ongoing support. These costs may seem overwhelming at first, but a skilled birth injury attorney will work with multiple experts to calculate the financial impact of any injury to your family and how much you are legally entitled to receive compensation for these costs.

The first step in a birth injury lawsuit is to prove that the doctor who handled your case had an established professional relationship with your child and you, and that they violated the relationship by acting negligently before or during the birth of your child. This can be simple to prove through the collection of your medical records and hospital bills.

After this is established the lawyer must identify what specific actions the doctor performed that were negligent and how these affected the health of your child. A birth injury attorney will know what to look for and where to get the medical evidence and expert witness testimony needed to support your case.

A good birth injury attorney will take care of all the complexities of your case and should not require you to pay out of pocket to pursue justice. They should be willing and able to work on an hourly basis. This means they will only be paid if they win your case, and their fee is a percentage from the settlement or award.