Why Birth Injury Lawyers Is Your Next Big Obsession

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

There are still complications that can occur in the course of the birth of a child despite advancements in medical technology that make it safer than ever. If you believe your child suffered an unavoidable birth injury, contact an experienced birth injury attorney right away.

A firm that specializes in birth injury cases generally will advance the entire cost of a lawsuit. They will only be paid if they receive the case.

Damages

While advances in medicine have made childbirth a lot safer than it used to be but many mothers and their babies are still at risk of injuries resulting from a variety reasons. The lack of oxygen and head trauma are among the most frequent. These injuries can lead to permanent and devastation to the body, including cerebral palsy. A good birth injury attorney can help families get the compensation they require to cover lifelong medical treatment and care.

Your lawyer will request all medical records and reports related to the injuries sustained by your baby. They will also engage medical experts to examine the evidence and provide an opinion regarding whether the medical professionals involved in the delivery of your baby violated the standard of care. In the typical scenario, an expert will assess the medical care provided by the defendant to practices generally accepted by medical professionals with similar experience and training.

Economic and non-economic damages can be awarded. Economic damages cover expenses like current and future medical bills, lost income and property loss. Non-economic damages include emotional distress as well as suffering and pain. In rare instances punitive damages can also be awarded. These are meant to penalize the party at fault and discourage similar behaviour in the future. These are separate from the compensatory damages awarded to cover actual losses.

Medical Experts

Although advances in medicine have made childbirth more safe than ever before, there are certain risks for both mother and baby. It is the responsibility of nurses and doctors involved in a birth to be professional and avoid making mistakes that could result in devastating consequences for the health of both parties. Parents may be able to sue for damages if the doctors and nurses do not behave professionally during the delivery.

A birth injury attorney will work closely with you throughout the entire duration of your case, beginning from beginning with the initial consultation until final resolution. They will gather evidence from you, such as witness testimony and medical records. They will also get expert opinions from other sources including doctors and specialists.

They will look over all evidence and provide an official opinion as to whether the injuries were caused because of medical negligence. This will be used by the lawyer to determine the best way to proceed.

If the medical expert is of the opinion that malpractice was committed your lawyer will file suit against the responsible parties. This includes the obstetrician who was in charge of your pregnancy, and any nurses, surgeons or hospital staff who assisted during the delivery.

The cost of litigation can be quite high because of the many fees such as those for documents, expert witnesses, and depositions. Your lawyer will cover these costs and pay you back once they have negotiated an agreement on your behalf.

Prepare for the trial

In general, a birth injuries lawyer will consider any case in which the baby suffered injuries because of negligence by a doctor before, during or shortly after the birth. When reviewing the case, the lawyer will look at two aspects: whether there any evidence of medical negligence as well as the severity of the injury.

Attorneys will often consult with medical experts to determine whether the injury was caused by medical malpractice. Experts will examine all records related to the childbirth, pregnancy and birth injury attorney medical treatment for injuries. They will also be able to analyze the effects of injuries on the child as well as their future.

The experts will help the lawyer determine which medical providers are to be named as defendants in the lawsuit. The lawyer will send a letter to the medical providers and their insurers and ask them to respond to the lawsuit. A good birth injury attorney will be able to negotiate with the insurance companies and be ready to make the case go to trial if necessary.

Parents may be entitled to damages for future and past medical expenses resulting from the injuries sustained by their child. They could also receive damages for pain and suffering. These damages can be significant when the child's injuries were severe. A good birth injury attorney will be able to maximize the amount of money paid to the parents.

Insurance Companies

A lawsuit for birth injuries can't undo the damage done to your child, but it could help cover future medical expenses therapies, home modifications and ongoing support. These costs may seem overwhelming, but a knowledgeable birth injury lawyer will work with several experts to determine the financial impact on your family due to an injury, and the amount of compensation you are entitled to.

The first step in a birth injury lawsuit is to establish that the doctor who was involved in your case had a professional relationship with your child and you, and that they violated the relationship by acting negligently during or before the child's birth. You can easily demonstrate this by looking up your hospital bills and medical records.

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

A good birth injury attorney will handle all the complexities of your case and should never require you to pay out of pocket to pursue justice. They must be able and willing to work on the basis of a contingent fee. This means that they will only get paid when they win your case, birth injury attorney and their fee is a percentage of the settlement or award.