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

Although medical advances make births more secure than ever, complications can still arise in the course of birth and after the birth of the baby. If you suspect your child suffered from a preventable birth injury, speak to an experienced birth injury lawyer immediately.

A firm that is specialized in birth injury cases will typically advance all lawsuit expenses and only be paid if they are awarded the case.

Damages

Although 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 of reasons. The lack of oxygen and head trauma are among the most common. These injuries can result in devastating disabilities, such as cerebral palsy. A skilled birth injury lawyer can assist families in obtaining compensation for the lifetime medical treatment and care they require.

Your lawyer will seek all relevant medical records and reports relating to your baby's injuries. The attorney will also employ medical experts to examine the evidence and give an official opinion as to whether the medical experts involved in your baby's delivery did not meet the standards of care. In a typical instance, an expert will examine the medical treatment offered by the defendant with the practices commonly accepted by other medical professionals who have similar education and experience.

Economic and non-economic damages may be awarded. Economic damages can include medical expenses loss of income, property damage. Non-economic damages include emotional distress and pain and suffering. In rare instances the punitive damages might be awarded. They are intended to punish the at-fault party and prevent similar behavior in the future. They differ from compensatory damages which are awarded to compensate for actual losses.

Medical Experts

Even though medical advancements have made childbirth more safe than ever before, there are still certain risks for both mother and baby. It is the responsibility of nurses and doctors who are involved in the delivery to behave professionally and avoid mistakes that could cause catastrophic harm for the health of both parties. If they fail to act accordingly and cause birth injuries, parents can claim compensation for the damage.

A birth injury attorney will be in close contact with you throughout the duration of your case from the initial consultation through to the final resolution. They will collect evidence from you, including witness statements and medical records and will also seek expert opinions from various sources, including other doctors and specialists.

These experts will review all evidence and provide an official opinion on whether the injuries occurred due to medical negligence. This will be used by the lawyer to decide on the best way to proceed.

If the medical expert is of the opinion that malpractice was committed Your lawyer will file a lawsuit against the responsible parties. This usually includes the obstetrician responsible for your pregnancy and delivery, any nurses or surgeons who assisted in the delivery, as well as the hospital where the birth took.

Legal proceedings can be costly due to the many fees such as the cost of documents, expert witnesses and depositions. Your lawyer will cover these costs and reimburse you once they have won a settlement on your behalf.

Prepare for trial

A birth injury lawyer will take on any case in which the baby was injured due to a doctor's negligence, whether before, during, or shortly following delivery. The lawyer will examine two aspects when analyzing the case in determining whether there evidence of medical negligence and how serious the injury.

Attorneys will often consult with medical experts to determine whether the injury was caused by medical malpractice. These experts will carefully review the records of the pregnancy, birth of the child and birth injury lawsuit the medical treatment given to the injuries that occurred afterward. They will also be able to analyze the effects of injuries on the child and his or her future.

The experts will assist the lawyer in identifying the medical providers to be named as defendants in the lawsuit. The lawyer will issue an inquiry letter to medical providers and insurers to respond to the complaint. A reputable attorney for birth injuries will know how to negotiate with the insurance companies and be ready to make the case go to trial if needed.

Parents may be entitled to damages for future and past medical expenses resulting from the injuries of their child. They may also be awarded damages for their pain and suffering. These damages can add up when the child's injuries are severe. A reputable birth injury lawyer will increase the amount of money awarded to parents.

Insurance Companies

While a Birth injury lawsuit (vimeo.Com) can't reverse the harm done to your child, it could be used to pay for future medical expenses for therapy, the cost, home modifications and on-going support. The costs could seem overwhelming, but a knowledgeable birth injury lawyer will collaborate with several experts to determine the financial impact on your family's finances from the injury you sustained and how much compensation you are entitled to.

In order to submit a claim for birth injury you must first establish that your doctor and your child shared an official relationship and that they violated this relationship by not acting appropriately prior to or during the time of your child's birth. It is easy to demonstrate this by looking up your hospital bills and medical records.

Once this is established, the lawyer will need identify the specific actions taken by the doctor that were negligent and the impact they had on the health of your child. A birth injury lawyer can help you locate the medical evidence as well as expert witness testimony and other evidence necessary to prove your claim.

A good birth injury lawyer will manage the complexities of your claim and will never ask you to pay for justice. They should be able and willing to work on an ad-hoc basis. This means that they only get paid when they win your case and their fee is a proportion of the settlement or birth injury lawsuit award.