10 Birth Injury Lawyers Tricks All Experts Recommend

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

Although advances in medicine have made childbirth safer than ever however, complications may still occur during and after the birth of a baby. If you suspect that your child suffered from a preventable birth injury, consult an experienced attorney for birth injuries right away.

A firm that is specialized in cases involving birth injuries generally will advance all lawsuit expenses and only get paid when they win compensation for your case.

Damages

While advances in medicine have made childbirth much safer than it used to be however, many mothers and infants are still at risk for injuries resulting from a variety reasons. Trauma to the head and oxygen deprivation are among the most common. These injuries can cause devastating disabilities like cerebral palsy. An experienced attorney for birth injuries will assist families to receive the compensation they need to fund lifelong care and support.

Your lawyer will request all medical records and reports related to the injury of your baby. The attorney may also employ medical experts who will analyze the evidence and provide an official opinion as to whether the medical professionals who delivered your baby violated the standard of care. In a typical situation, an expert will examine the medical care offered by the defendant with practices typically accepted by medical experts with similar experience and training.

Damages can be awarded for economic and non-economic losses. Economic damages can cover expenses like future and current medical bills, lost income, and property losses. Non-economic damages include emotional distress, suffering and pain. In rare cases punitive damages may also be awarded. These are intended to punish the person who is at fault and discourage similar behaviour in the future. They differ from compensatory damages which are awarded to cover actual loss.

Medical Experts

Although advances in medicine have made childbirth more secure than ever, the procedure still involves some risk for both mother and child. It is the responsibility of the nurses and doctors who are involved in the birth to act professionally, and to avoid mistakes which could result in devastating consequences for both the baby and mother's health. When they fail to act accordingly and cause birth injuries parents may be able to claim compensation for the damage.

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

These experts will review all the evidence, and provide a formal opinion on whether the injuries are by medical negligence. The lawyer will use this information to determine the best way to proceed.

If the medical professional agrees that malpractice was committed, your lawyer will file an action against the accountable parties. This includes the obstetrician who was in charge of your pregnancy, and any surgeons, nurses or hospital staff who were involved in the delivery.

The cost of a lawsuit can be high due to the many fees like those for records, expert witnesses and depositions. Your lawyer will advance these costs and pay you back once they have won an agreement on your behalf.

Preparing for trial

In general, a birth injuries lawyer will take on any case in which the infant was injured caused by negligence of a doctor prior, during or shortly after delivery. When reviewing the case the lawyer will look at two things: whether there is evidence of medical negligence as well as the extent of the injury.

In most cases, attorneys consult with medical experts to determine if medical malpractice caused the injury. These experts will carefully review records from the pregnancy, birth of the child and the medical treatment that was received for the injuries later. They will also be able to evaluate the effects of the injuries on the child as well as their future.

The experts will assist the lawyer in determining the medical providers to be named as defendants in the lawsuit. The lawyer will send a letter asking the medical providers and insurers to respond to the claim. A reputable attorney for birth injuries will be able to negotiate with the insurance companies and will be ready to bring the case to trial if necessary.

Parents may be entitled to damages for past and future medical expenses resulting from the injuries of their child. They could also receive damages for suffering and pain. These damages can be substantial, especially if a child's injuries were serious. An experienced attorney for birth injuries can help maximize the compensation that is awarded to parents.

Insurance Companies

Although a lawsuit for birth injuries can't undo the harm that was done to your child, it could cover future medical expenses for therapy, the cost as well as home modifications and ongoing support. The costs could seem overwhelming, but an experienced birth injury lawyer will collaborate with a number of experts to determine the financial impact on your family of the injury you sustained and the amount of compensation you are entitled to.

In order to make a claim for birth injury you must first establish that your doctor and your child had an established professional relationship and they breached that relationship by committing a negligent act prior to or during the time of your child's birth. This can be simple to prove through the collection of your medical records and hospital bills.

After this is established the lawyer will need to identify the specific actions the doctor made that were negligent and how they affected the health of your child. An attorney for birth injuries will know what to look for and where to obtain the medical evidence and expert witness testimony to support your case.

A reputable birth injury lawyer will handle all the complexities of your case. They will not require you to pay out of pocket to pursue justice. They must be able and willing to work on a contingent fee basis. This means that they only get paid when they win your case and their fee is a percentage of the settlement or award.