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

While advances in medicine make childbirth more secure than ever before however, complications may still occur during and after the birth of an infant. If you suspect that your child was injured due to a birth injury, consult an experienced birth injury attorney right away.

A firm that concentrates on birth injury cases is likely to pay for all litigation costs and only be paid when they are successful in winning compensation in your case.

Damages

While advances in medicine have made childbirth a lot safer than it used to be however, many mothers and infants are still susceptible to injuries due to a variety reasons. These include oxygen deprivation, head trauma, and infections. These injuries can lead to devastating disabilities, such as cerebral palsy. A skilled birth injury lawyer will assist families to receive the compensation they require to cover lifelong medical treatment and care.

Your attorney will ask for all relevant medical records and reports related to your baby's injuries. He or she will also engage medical experts to analyze the evidence and provide a formal opinion about whether the medical personnel involved in your baby's delivery violated the standard of medical care. In a typical instance, an expert will assess the medical care provided by the defendant with the practices generally accepted by other medical professionals who have similar qualifications and experience.

Damages may be awarded for economic and non-economic losses. Economic damages are for expenses including future and present medical bills, lost income and property loss. Non-economic damages include emotional distress, suffering and pain. In rare cases punitive damages may also be awarded. These are intended to punish the at-fault party and prevent similar behavior in the future. They differ from compensatory damages that are awarded to recover the actual losses.

Medical Experts

Although advances in medicine have made childbirth more secure than ever, the process is not without risk for both the mother and the baby. It is the responsibility of doctors and nurses who are involved in the delivery to be professional and to avoid making mistakes that could have disastrous consequences for both mother and baby's health. Parents may seek damages if doctors and nurses fail to behave appropriately during the delivery.

A birth injury lawyer will work closely with you throughout the duration of your case, starting from the initial consultation through to the final resolution. They will collect evidence from you such as medical records and witness testimony and also get expert opinions from various sources, including other doctors and specialists.

These experts will review all the evidence and provide an official opinion as to whether the injuries occurred by medical negligence. The lawyer will use this information to determine the best way to proceed.

If the medical professional believes that a malpractice occurred the lawyer will file suit against the parties at fault. This typically includes the obstetrician who was responsible for the delivery and pregnancy as well as any surgeons or nurses who assisted during the delivery, as well as the hospital where the birth took place.

Legal proceedings can be costly as a result of the numerous fees, including the cost of records, expert witnesses and depositions. Your lawyer will advance these costs and then reimburse you once they have negotiated settlement on your behalf.

Preparing for a trial

Typically, a birth injury lawyer is a person who handles any case in which the infant suffered injuries due to negligence of a doctor prior to or shortly after birth. In analyzing the case the lawyer will take into consideration two things: whether or not there are any evidences of medical negligence as well as the extent of the injury.

Often, attorneys consult with medical experts to determine if medical malpractice caused the injury. The experts will carefully examine documents from the pregnancy, the child's birth and the medical treatment given to the injuries afterward. They will also be able to determine the effects of the injuries suffered by the child on their future.

The experts will assist the lawyer in identifying which medical providers are to be named as defendants in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurance companies asking them to respond to the claim. A reputable birth injury lawyer will know how to work with insurance companies and be prepared to take on trial if necessary.

Parents may be entitled to damages for past and future medical costs related to the injuries suffered by their child. They could also receive damages for their pain and suffering. These damages can add up in the event that the child's injuries are severe. A skilled birth injury lawyer will increase the amount of money awarded to parents.

Insurance Companies

A birth injury lawsuit can't undo the damage done to your child but it could help cover future medical expenses, therapy, home modifications, and ongoing support. These costs may seem daunting, but a skilled birth injury law firms injury lawyer will collaborate with a team of experts to assess the financial impact on your family's finances from a specific injury and the amount of compensation you are entitled to.

To claim a birth injury you must first establish that your doctor and your child have an professional relationship, and that they breached that relationship by failing to act properly prior to or during the time of your child's birth. It is easy to prove this by collecting your hospital bills and medical records.

After this is established the lawyer will need to determine what specific actions the doctor took that were negligent and how they affected your child's health. A birth injury lawyers injury lawyer will know where to get 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 will never demand you to pay for justice. They must be able and willing to work on a contingent fee basis. This means they will only be paid if they win your case, and their fee is a proportion of the settlement or award.