Birth Injury Lawyers: 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 have made childbirth safer than ever but complications can still occur in the course of birth and after the birth of an infant. If you suspect your child was injured due to a birth injury, you should contact an experienced birth injury attorney right away.

A firm that is specialized in birth injury cases generally advances all legal costs and only be paid if they receive compensation for your case.

Damages

While medical advances have made childbirth more secure than it used to be, many mothers and babies are still susceptible to injuries from a variety of reasons. Head trauma and oxygen deprivation are among the most common. These injuries can cause devastating disabilities such as cerebral palsy. A good birth injury attorney can assist families in obtaining the compensation they need to pay for lifelong treatment and support.

Your attorney will ask for all medical records and reports relevant to the injuries suffered by your baby. They will also hire medical experts to analyze the evidence and give an official opinion as to whether the medical personnel involved in the birth of your baby did not meet the standards of care. In a typical situation, an expert will examine the medical care offered by the defendant with practices typically accepted by medical professionals with similar experience and training.

Economic and non-economic damages can be awarded. Economic damages include medical expenses, lost income and property damage. Non-economic damages may include emotional distress as well as suffering and pain. In rare instances, punitive damages may also be awarded. These are intended to punish the responsible party and discourage similar conduct in the future. They are distinct from compensatory damages that are awarded to compensate for actual losses.

Medical Experts

While medical advances have made childbirth more secure than ever before, the process remains a risky one for both baby and mother. It is up to the nurses and doctors involved in a delivery to behave professionally and avoid making mistakes that could have devastating consequences for the health of both parties. When they fail to do this and cause a birth injury parents may seek compensation for their damages.

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

These experts will examine all evidence and provide a formal opinion on whether the injuries were due to medical negligence. This will be used by the lawyer to decide on the best way to proceed.

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

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

Prepare for Trial

Typically, a birth injury lawyer will take on cases where the infant suffered injuries caused by negligence of a doctor prior, during or shortly after birth. When examining the case, the lawyer will be looking at two aspects: whether there are any evidences of medical negligence and the extent of the injury.

Often, attorneys consult with medical experts in order to determine whether medical malpractice caused the injury. Experts will carefully review documents from the pregnancy, birth of the child and the medical treatment given to the injuries later. They will also be able to assess the effect of the injuries suffered by the child on their future.

The experts will assist the lawyer in identifying the medical providers to be named as defendants in the lawsuit. The lawyer will then send an email to the medical providers and insurers to respond to the complaint. A good birth injury attorney will know how to negotiate with the insurance companies and will be prepared to go to trial should it be necessary.

Parents could be entitled to compensation for medical expenses resulting from the injuries suffered by their child. You may also be entitled to damages for your pain and suffering. These damages can mount up particularly if the child's injuries are serious. A good birth injury attorney can help maximize the amount of money that is awarded to parents.

Insurance Companies

A birth injury lawsuit can't reverse the harm done to your child but it can cover future medical costs therapies, home modifications, and ongoing support. The costs could appear overwhelming at first, but a good birth injury lawyer will collaborate with a variety of experts to calculate the financial impact of any accident on your family and what amount you are legally entitled to receive compensation for these costs.

In order to file a claim for birth injuries you must first establish that your doctor and your child have an professional relationship, and that they violated this relationship by not acting appropriately prior to or during the birth of your child. This may be easy to prove through the collection of your medical documents and hospital bills.

Once this is established, the lawyer will need identify the specific actions taken by the doctor that were negligent and the impact they caused to your child's well-being. A birth injury attorney will know what to look for and where to get the medical documentation and expert witness testimony to establish your case.

A good birth injury attorney will take care of all the complexities of your case. They should not require you to pay out of pocket to pursue justice. They should be willing and able to work on an hourly basis. This means that they will only be paid if they win your case, and their fee is a portion of the settlement or award.