This Is The Good And Bad About Birth Injury Lawyers

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

Although advances in medicine make birthing safer than ever before but complications can still occur during and after the birth of an infant. If you suspect that your child suffered an unavoidable birth injury, you should contact an experienced attorney for birth injuries immediately.

A firm that specializes in cases involving birth injuries will generally advance all lawsuit expenses and only get paid when they win the case.

Damages

While advances in medicine have made birthing safer than ever before but many mothers and their babies are still at risk of risk of injury for a variety reasons. These include oxygen deprivation, head trauma, and infections. These injuries can result in long-lasting and devastating disabilities such as cerebral palsy. An experienced attorney for birth injuries can assist families in obtaining the compensation they need to pay for lifelong treatment and care.

Your lawyer will ask for all relevant medical records and reports related to the baby's injury. He or she may also employ medical experts who will analyze the evidence and provide a formal opinion on whether the medical professionals who delivered your baby violated the standard of care. In a typical situation, an expert will evaluate the medical treatment offered by the defendant with the practices generally accepted by other medical professionals who have similar education and experience.

Non-economic and economic damages can be awarded. Economic damages cover expenses including future and present medical bills, lost income and property losses. Non-economic damages can include emotional distress, pain and suffering. In rare cases punitive damages can also be awarded. These are intended to punish the person responsible and discourage similar behavior in future. They are distinct from compensation damages that are awarded to cover actual losses.

Medical Experts

Although advances in medicine have made childbirth safer than ever before, there are certain risks for both mother and baby. It is the responsibility of nurses and doctors who are involved in the delivery to behave in a professional manner and avoid making mistakes that could have devastating consequences for the health of both parties. When they fail to do so and cause birth injuries parents can claim compensation for the damage.

An attorney for birth injuries will work closely with you throughout the duration of your case, starting from the initial consultation through to the final resolution. They will gather evidence from you, like witness testimony and medical records. They will also seek expert opinions from other sources, including doctors and specialists.

These experts will review all the evidence and provide an official opinion as to whether the injuries were because of medical negligence. The lawyer will then use this to decide on the best way to proceed.

If the medical expert agrees with you that malpractice occurred the lawyer will file a lawsuit against the accountable parties. This typically includes the obstetrician in charge of your pregnancy and delivery and any nurses or surgeons who assisted during the delivery, as well as the hospital where the birth occurred.

The costs of a lawsuit may be high due to the costs for expert witnesses, documents, and depositions. Your lawyer will pay these costs, and then reimburse you after they have settled your case.

Preparing for the Trial

In general, a birth injuries lawyer is a person who handles every case where the infant was injured due to doctor negligence before, during or shortly after birth. When examining the case, the lawyer will take into consideration two things: whether there is evidence of medical negligence, as well as the severity of the injury.

In most cases, attorneys consult with medical experts to determine if a medical error led to the injury. Experts will examine all records pertaining to the birth, pregnancy, and medical treatment for injuries. They will also be able to evaluate the effects of the injuries on the child as well as his or her future.

The experts will help the lawyer decide which medical professionals should be named in the lawsuit. The lawyer will then send 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 insurance companies and be prepared to make the case go to trial should it be necessary.

Parents could be entitled to damages for future and past medical expenses related to the injuries suffered by their child. You could also be entitled to compensation for your pain and suffering. These damages can be significant in the event that a child's injuries were severe. An experienced attorney for birth injuries will be able to maximize the amount of money awarded to the parents.

Insurance Companies

Although a lawsuit for birth injuries cannot undo what happened to your child, it can be used to pay for future medical expenses for therapy, the cost, home modifications, and ongoing support. These costs may seem overwhelming, but an experienced birth injury lawyer will work with a team of experts to assess the financial impact on your family due to an injury that you suffered and the amount of compensation you are entitled to.

The first step in a birth injury lawsuit is to establish that the doctor in your case had an established professional relationship with you and your child and that they violated the relationship by acting negligently prior to or during the child's birth. This is easy to prove through the collection of your medical documents and hospital bills.

Once this has been established the lawyer must determine the specific actions that 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 obtain the medical records and expert witness testimony needed to establish your case.

A competent birth injury attorney will take care of the many complexities of your case and should not require you to pay out of your pocket to seek justice. They should work on a contingency fee basis which means they only receive compensation if they prevail in your case. The amount they get is a percentage of the settlement or award you receive.