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

While advances in medicine make birthing safer than ever before, complications can still arise after the birth of a baby. If you believe your child suffered from a preventable birth injury, you should contact an experienced birth injury lawyer right away.

A firm that focuses on birth injury cases is likely to pay for all litigation costs and only pay if they obtain the case and receive compensation.

Damages

While medical advances have made childbirth a lot safer than it was previously yet many mothers and babies are still at risk for injuries due to a variety reasons. Oxygen deprivation and head trauma are among the most common. These injuries can cause catastrophic disabilities such as cerebral palsy. A good birth injury attorney can help families get the compensation they require to cover the cost of lifelong treatment and support.

Your attorney will ask for all relevant medical records and reports relating to your baby's injury. The attorney will also employ medical experts to review the evidence and give 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 examine the medical care provided by the defendant to the practices generally accepted by other medical professionals with similar qualifications and experience.

Damages can be awarded for economic and non-economic losses. Economic damages may include medical expenses, lost income, and property damage. Non-economic damages may include emotional distress, suffering. In rare cases punitive damages could also be awarded. These are intended to punish the party responsible and discourage similar conduct in the future. These are separate from the compensatory damages awarded to recover actual losses.

Medical Experts

Although advances in medicine have made childbirth more secure than ever before, the process remains a risky one for both mother and child. It is the responsibility of nurses and doctors involved in the birth to behave in a professional manner, and to avoid making mistakes which could result in devastating consequences for both mother and baby's health. Parents can be able to sue for damages if the doctors and nurses fail to act professionally during the delivery.

An attorney for birth injuries will be in close contact with you throughout the course of your case, from the initial consultation until the final resolution. They will collect evidence from you like witness testimonies and medical records and will also seek expert opinions from various sources, including other doctors and specialists.

These experts will review the evidence and provide an official opinion on whether the injuries were the result of medical negligence. The lawyer will use this information to determine the best way to proceed.

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

Lawsuits can be expensive because of the numerous fees, including those for documents, expert witnesses, and depositions. Your lawyer will pay for these expenses and then reimburse you once they have settled your case.

Preparing for a trial

A birth injury lawyer will work any case in which the baby was injured due to doctor negligence, either prior to, during, or shortly after birth. When reviewing the case, the lawyer will look at two things: whether there any evidence of medical negligence as well as the severity of the injury.

Attorneys often consult medical experts to determine if the injury was caused by medical malpractice. They will review documents from the pregnancy, the child's lake forest birth Injury law firm and the medical treatment received for the injuries that occurred afterward. They will also be able examine the effects of the injuries on the child as well as the future of the child.

The experts will aid the lawyer in determining which medical professionals are to be named as defendants in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurers asking them to respond to the claim. A good birth injury lawyer will know how to negotiate with insurance companies, and be prepared to take on trial if necessary.

Parents may be entitled to damages for past and future medical expenses resulting from their child's injuries. They may also be awarded damages for pain and suffering. These damages can be substantial particularly if the child's injuries were serious. A skilled birth injury lawyer can help maximize the compensation given to parents.

Insurance Companies

A lawsuit for birth injuries can't undo the damage done to your child but it can cover future medical expenses therapies, home modifications and ongoing support. These costs may appear overwhelming at first, but a good birth injury attorney will work with multiple experts to estimate the financial impact of an injury on your family, and how much you're entitled to receive in compensation for these costs.

The first step in a birth injury claim is to establish that the doctor in your case had an official relationship with you and your child, and that they breached this relationship by acting negligently prior to or during the birth of your child. You can easily prove this by collecting your medical records and hospital bills.

Once this has been established the lawyer needs to identify the specific actions the doctor made that were negligent and how they affected the health of your child. A collegedale birth injury lawsuit injury lawyer can help you locate the medical records along with expert witness testimony and other evidence needed to prove your claim.

A good birth injury lawyer will deal with the complexities of your claim and never ask you to pay for justice. They must be able and willing to work on a contingent fee basis. This means that they will only get paid when they win your case, and their fee is a percentage of the settlement or award.