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

Although medical advances make birthing safer than ever before, complications can still arise following the birth of an infant. If you believe your child suffered from a preventable birth injury, speak to an experienced birth injury attorney immediately.

A firm that is specialized in birth injury cases will generally advance all legal costs and only receive payment if they receive compensation for your case.

Damages

Although advances in medicine have made childbirth safer than it was previously yet many mothers and babies are still at risk for injuries due to a variety reasons. These include oxygen deprivation, head trauma and infections. These injuries can result in permanent and devastation to the body such as cerebral palsy. An experienced attorney for birth injuries can help families get the compensation they require to cover lifelong medical treatment and care.

Your lawyer will request all medical records and reports relevant to the injuries sustained by your baby. He or she will also employ medical experts to review the evidence and provide a formal opinion about whether the medical personnel involved in your baby's birth did not meet the standards of care. In a typical case an expert will compare the medical care provided by the defendant with the practices commonly accepted by other medical professionals who have similar training and experience.

Economic and non-economic damages may be awarded. Economic damages can include medical expenses, lost income, and property damage. Non-economic damages could include emotional distress and 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. They are different from compensatory damages that are awarded to cover actual losses.

Medical Experts

While advances in medicine have made childbirth more safe than ever before, there are still some risks for both mother and baby. It is the responsibility of the nurses and doctors who are involved in the birth to behave professionally and to avoid making mistakes that could have disastrous consequences for both the baby's and mother's health. Parents may seek damages if nurses and doctors are not professional during a delivery.

An attorney for birth injuries will work closely with you throughout the duration of your case, starting from beginning with the initial consultation until final resolution. They will gather evidence from you like witness testimonies and medical records, and also obtain expert opinions from numerous sources including other specialists and doctors.

These experts will review all the evidence, and provide an official opinion as to whether the injuries occurred because of medical negligence. The lawyer will use this 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, and any nurses, surgeons or hospital staff who were involved in the delivery.

The costs of a lawsuit can be high due to the fees for expert witnesses, records and depositions. Your lawyer will pay for these expenses and then reimburse you once they have settled your case.

Prepare for Trial

A birth injury lawyer will take on any case where the baby suffered injuries as a result of doctor negligence, before or during or shortly after birth. When examining the case, the lawyer will look at two things: whether there any evidence of medical negligence as well as the extent of the injury.

Often, the attorneys will consult with medical experts to determine if medical negligence led to the injury. They will look over all records related to the novi birth injury lawyer, pregnancy, and medical treatment for injuries. They will also be able assess the impact of the injuries on the child as well as the future of the child.

The experts will assist the lawyer in identifying the medical providers who will be named as defendants in the lawsuit. The lawyer will write a letter asking the medical providers and insurers to respond to the complaint. A reputable attorney for birth injuries will be able to negotiate with insurance companies and be prepared to bring the case to trial should it be necessary.

Parents could be entitled to compensation for medical expenses resulting from their child's injuries. They could also receive damages for their pain and suffering. These damages can add up in the event that the child's injuries are serious. An experienced attorney for king city birth injury lawsuit injuries will be able to maximize the 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 pay for future medical expenses for therapy, the cost, home modifications and on-going support. The costs could seem overwhelming at first, but a competent birth injury attorney will collaborate with a variety of experts to assess the financial impact of a specific injury on your family and how much you're entitled to compensation for these expenses.

The first step in a birth injury lawsuit is to establish that the doctor in your case had a professional relationship with you and your child. They must also prove that they breached the relationship by acting negligently prior to or during your child's delivery. This may be easy to prove by obtaining your medical documents and hospital bills.

Once this has been established the lawyer must determine what specific actions the doctor took that were negligent and how they impacted the health of your child. A birth injury lawyer will know what to look for and where to obtain the medical documentation and expert witness testimony needed to demonstrate your case.

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