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

Complications can still occur in the course of the birth of a baby despite advancements in medical technology making it more secure than ever. If you suspect that your child suffered a preventable birth injury, speak to an experienced birth injury attorney immediately.

A firm that specializes in birth injury cases will generally advance the entire cost of a lawsuit. They will only get paid when they win the case.

Damages

While medical advances made childbirth more secure than it was before however, mothers and their babies are still at high danger of injury due number of reasons. These include oxygen deprivation head trauma, and infections. These injuries can result in permanent and devastation to the body including cerebral palsy. A good birth injury attorney can help families receive the compensation they need to cover the cost of lifelong treatment and care.

Your lawyer will request all medical records and reports that relate to the injury of your baby. They may also employ medical experts to review the evidence and provide an official opinion on whether the medical professionals who delivered your child violated the standard care. In a typical case an expert will assess the medical care offered by the defendant with practices generally accepted by medical professionals who have the same experience and education.

Economic and non-economic damages can be awarded. Economic damages may include medical expenses loss of income, property damage. Non-economic damages may include emotional distress, suffering. In rare instances, punitive damages may also be awarded. These are intended to punish the responsible party and discourage similar behaviour in the future. These are separate from the compensatory damages given to compensate for actual losses.

Medical Experts

Although medical advances have made childbirth safer than ever, the process is not without risk for both baby and mother. It is the responsibility of the doctors and nurses who are involved in the birth to be professional and to avoid making mistakes that could cause devastating harm for both the baby's and mother's health. If they fail to act accordingly and cause a birth injury parents can claim compensation for their injuries.

A birth injury attorney will work closely with you throughout the course of your case from beginning with the initial consultation until final resolution. They will collect evidence from you like medical records and witness testimony and will also seek expert opinions from a variety of sources including other doctors and specialists.

These experts will review the evidence and offer an official opinion on whether the injuries resulted from negligence on the part of a medical professional. The lawyer will use this to decide on the best way to proceed.

If the medical expert believes that a malpractice occurred your lawyer will file a suit against the responsible parties. This includes the obstetrician who was in charge of your pregnancy as well as any surgeons, nurses or hospital staff who helped during the delivery.

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

Prepare for trial

Generally, a birth injury lawyer will take on cases where the baby suffered injuries due to negligence of a doctor prior to or shortly after delivery. When examining 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 with medical experts to determine if the injury was the result of medical negligence. The experts will carefully examine the records of the pregnancy, birth of the child and the medical treatment that was received for the injuries afterward. 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 help the lawyer determine which medical professionals are to be named as defendants in the lawsuit. The lawyer will then send an inquiry letter to medical providers and insurers to respond to the complaint. A good birth injury attorney will be able to negotiate with insurance companies and be ready to go to trial if needed.

Parents could be entitled to damages for future and past medical expenses arising from their child's injuries. You may also receive damages for pain and suffering. The amount of damages could be substantial when the child's injuries are severe. A good birth injury attorney will be able to maximize the amount of compensation given to parents.

Insurance Companies

While a birth injury (nlifelab.Org) lawsuit cannot undo what happened to your child, it may help pay for future medical expenses and the cost of therapy, home modifications and on-going support. These costs might seem overwhelming at first however, a reputable birth injury lawyer will collaborate with a variety of experts to determine the financial impact of any injury on your family and the amount you are legally entitled to receive 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 and that they breached the relationship by acting negligently before or during the birth of your child. You can easily prove this by obtaining your medical records and hospital bills.

Once this is established, the lawyer will need identify the specific actions performed by the doctor who were negligent and the effect they affected your child's health. A birth injury attorney will know what to look for and where you can get the medical records and expert witness testimony to demonstrate your case.

A good 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 an ad-hoc basis. This means they will only get paid when they win your case and their fee is a percentage from the settlement or award.