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

While advances in medicine make birthing safer than ever before, complications can still arise following the birth of a baby. If you suspect that your child suffered from a preventable birth injury, contact an experienced birth injury lawyer immediately.

A firm that specializes in cases involving birth injuries generally will advance all legal costs and only be paid if they are awarded the case.

Damages

Although advances in medicine have made birthing safer than ever before, many mothers and their infants are still at a high risk of injury due to variety of reasons. Trauma to the head and oxygen deprivation are among the most common. These injuries can lead to permanent and devastation to the body including cerebral palsy. A good birth injury attorney can help families receive the compensation they require to cover lifelong medical treatment and support.

Your lawyer will request all medical records and reports relevant to the injuries sustained by your baby. The attorney will also engage medical experts to analyze the evidence and provide a formal opinion about whether the medical professionals involved in your baby's delivery breached the standard of care. In a typical case an expert will evaluate the medical treatment provided by defendant to practices typically accepted by medical experts with similar experience and qualifications.

Non-economic and economic damages can be awarded. Economic damages are for expenses like future and current medical bills, lost income, and property losses. Non-economic damages include emotional distress and pain and suffering. In rare instances punitive damages can also be awarded. These are designed to punish the party at fault and discourage similar behavior in the future. They are distinct from compensatory damages that are awarded to cover actual losses.

Medical Experts

Although advances in medicine have made childbirth safer than ever before, there are still certain risks for both mother and baby. It is up to the nurses and doctors involved in a birth to behave in a professional manner and avoid mistakes which could have catastrophic consequences for the health of both parties. If they fail to follow through and cause a birth injury parents may claim compensation for their injuries.

An attorney for birth injuries will be in close contact with you throughout the course 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 numerous sources including other doctors and specialists.

The experts will go over all the evidence and provide a formal opinion on whether the injuries were caused because of medical negligence. The lawyer will use this information to determine the best way to proceed.

If the medical professional agrees that malpractice was committed 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 personnel who assisted during the birth.

Lawsuits can be expensive as a result of the many fees like the cost of records, expert witnesses and depositions. Your lawyer will cover these costs and then reimburse you when they have negotiated an agreement on your behalf.

Preparing for trial

In general, a birth injuries lawyer is a person who handles any case in which the infant was injured because of negligence by a doctor before or shortly after birth. When reviewing the case, the lawyer will be looking at two things: whether or not there are any indications of medical negligence and the severity of the injury.

Often, the attorneys will consult with medical experts in order to determine if a medical error led to the injury. They will review documents from the pregnancy, birth of the child and the medical treatment given to the injuries afterward. They will also be able to analyze the effects of injuries on the child and their future.

The experts will assist the lawyer identify which medical professionals should be named in the lawsuit. The lawyer will issue an email asking the medical providers and insurers to respond to the claim. A skilled birth injury attorney will be able to negotiate with insurance companies and be prepared to bring the case to trial if needed.

Parents may be entitled to compensation for past and future medical expenses that result from the injuries sustained by their child. They may also be awarded damages for suffering and pain. The amount of damages could be substantial, especially if the child's injuries are serious. A good birth injury lawyer will maximize the compensation awarded to parents.

Insurance Companies

While a Birth injury lawyers injury lawsuit cannot undo what happened to your child, it could be used to pay for future medical expenses and the cost of therapy as well as home modifications and ongoing support. These costs can seem overwhelming, but a seasoned birth injury lawyer will work with a team of experts to assess the financial impact on your family of the injury you sustained and the amount of compensation you are entitled to.

The first step in a birth injury lawsuit is to prove that the doctor who handled your case had an established professional relationship with you and your child. They must also prove that they violated this relationship by acting negligently prior to or during your child's delivery. It is easy to prove this by obtaining your hospital bills and medical records.

Once this is established the lawyer must identify the specific actions the doctor made that were negligent and how they affected your child's health. An attorney for birth injuries will know what to look for and where to get the medical evidence and expert witness testimony needed to establish your case.

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