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

Although medical advances make childbirth safer than ever but complications can still occur in the course of birth and after the birth of an infant. If you suspect that your child suffered a preventable birth injury, you should contact an experienced attorney for birth injuries immediately.

A firm that is specialized in birth injury cases generally will advance all lawsuit expenses and only get paid when they receive the case.

Damages

While medical advances have made childbirth much safer than it was previously however, many mothers and infants are still at risk for injuries due to a variety reasons. Head trauma and oxygen deprivation are among the most frequent. These injuries can cause long-lasting and devastating disabilities like cerebral palsy. An experienced birth injury lawyer will assist families to receive the compensation they need to cover lifelong medical treatment and support.

Your lawyer will request all medical records and reports relevant to the injuries sustained by your baby. He or she will also hire medical experts to review the evidence and provide an opinion regarding whether the medical experts involved in your baby's birth breached the standard of care. In a typical case an expert will examine the medical care provided by the defendant to methods that are commonly used by medical experts with similar experience and training.

Damages can be awarded for economic and non-economic losses. Economic damages are for expenses such as current and future medical bills, lost income and property loss. Non-economic damages include emotional distress as well as suffering and pain. In rare cases punitive damages can also be awarded. They are intended to penalize the at-fault party and prevent similar behavior in the future. These are different from compensatory damages which are awarded to recover the actual losses.

Medical Experts

Although advances in medicine have made childbirth more secure than ever, the procedure is not without risk for both baby and mother. It is the responsibility of the doctors and nurses who are involved in the delivery to act professionally, and to avoid mistakes that can have devastating consequences for both baby and mother's health. When they fail to do so and cause birth injuries parents may be able to claim compensation for their injuries.

An attorney for birth injuries will be in close contact with you throughout the duration of your case, beginning from beginning with the initial consultation until final resolution. They will gather evidence from you, such as witness statements and medical records, and also obtain expert opinions from numerous sources including other doctors and specialists.

These experts will review the evidence and give an official opinion on whether the injuries were caused by medical negligence. This will be used by the lawyer to decide how to proceed.

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

The cost of a lawsuit can be high because of the numerous fees, including the cost of records, expert witnesses, and depositions. Your lawyer will pay for these expenses, and will reimburse you once they have settled your case.

Preparing for Trial

A birth injury lawyer will work on any case where the baby was injured as a result of doctor negligence, prior to, during, or shortly after birth. When reviewing the case, the lawyer will look at two aspects: whether there are any indications of medical negligence and the severity of the injury.

Attorneys often consult medical experts to determine if the injury was the result of medical negligence. They will look over all records pertaining to the pregnancy, childbirth and medical treatment for injuries. They will also be in a position to assess the effects of the injuries suffered by the child on his or her future.

The experts will assist the lawyer in identifying which medical providers are to be named as defendants in the lawsuit. The lawyer will then send a letter to the medical providers and their insurance companies inquiring them to respond to the claim. A good birth injury law firm injury lawyer will be able to work with insurance companies and be prepared to go to trial should it be necessary.

Parents could 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 in the event that the child's injuries are serious. A reputable birth injury lawyer will maximize the amount of compensation given to parents.

Insurance Companies

While a birth injury lawsuit cannot undo what happened to your child, it could cover future medical expenses as well as the cost of therapy, home modifications, and ongoing support. These costs may appear overwhelming at first, but a competent birth injury attorney will collaborate with several experts to determine the financial impact of an injury on your family, and how much you are legally entitled to receive compensation for these expenses.

To file a claim for birth injuries first, you must prove that your doctor and your child shared a professional relationship and that they violated this relationship by committing a negligent act prior to or during the time of your child's birth. It is easy to prove this by obtaining your hospital bills and medical records.

Once this is established the lawyer will have to identify the specific actions the doctor took that were negligent and how they impacted your child's health. A birth injury attorney will know what to look for and how to obtain the medical documentation and expert witness testimony to establish your case.

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