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

Although advances in medicine make childbirth safer than ever, complications can still arise after the birth of the baby. If you suspect that your child suffered from a preventable birth injury, birth injury contact an experienced birth injury attorney immediately.

A firm that is specialized in birth injury cases will typically advance all lawsuit expenses and only be paid if they win the case.

Damages

While advances in medicine have made childbirth a lot safer than it used to be yet many mothers and babies are still at risk of injuries due to a variety of reasons. These include oxygen deprivation head trauma and infections. These injuries can cause lasting and severe disabilities including cerebral palsy. A good birth injury attorney will assist families to receive the compensation they need to pay for lifelong treatment and care.

Your attorney will seek all relevant medical records and reports relating to the baby's injury. They will also employ medical experts to review the evidence and give a formal opinion about whether the medical personnel involved in the delivery of your baby violated the standard of care. In a typical case, an expert will examine the medical treatment provided by the defendant with the practices generally accepted by other medical professionals with similar qualifications and experience.

Damages may be awarded for economic and non-economic losses. Economic damages cover expenses like current and future medical bills, lost income, and property losses. Non-economic damages may include emotional distress, suffering and pain. In rare instances, punitive damages may also be awarded. They are intended to penalize the party at fault and discourage similar conduct in the future. They differ from compensatory damages that are awarded to recover actual losses.

Medical Experts

Although advances in medicine have made childbirth safer than ever before, there are some risks for both mother and baby. It is the responsibility of nurses and doctors involved in the delivery to behave professionally and to avoid mistakes which could result in devastating consequences for both mother and baby's health. If they fail to do this and cause a birth injury, parents can claim compensation for the damage.

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

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

If a medical professional is of the opinion that malpractice was committed the lawyer will file an action against the accountable parties. This typically consists of the obstetrician who was in charge of your pregnancy and delivery, any nurses or surgeons who helped during the delivery and Birth Injury the hospital where the birth took place.

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

Prepare for the trial

Generally, a birth injury lawyer is a person who handles cases where the infant was injured due to negligence of a doctor prior to or shortly after the birth. When examining the case, the lawyer will be looking at two aspects: whether there is evidence of medical negligence and the extent of the injury.

Attorneys will often consult with medical experts to determine whether the injury was caused by medical malpractice. The experts will carefully examine documents from the pregnancy, birth of the child and the medical treatment for the injuries following. They will also be able assess the impact of the injuries on the child as well as their future.

The experts will assist the lawyer in identifying the medical providers who will be named as defendants in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurers asking them to reply to the lawsuit. A good webster city birth injury lawsuit injury attorney will know how to negotiate with insurance companies and be ready to make the case go to trial if necessary.

Parents could be entitled to damages for past and future medical expenses related to the injuries of their child. You may also receive damages for your pain and suffering. These damages could be substantial when the child's injuries were serious. A good birth injury attorney can maximize the amount of money given to parents.

Insurance Companies

While a birth injury lawsuit can't reverse the harm done to your child, it could pay for future medical expenses as well as the cost of therapy, home modifications and on-going support. These expenses may seem overwhelming at first, however, a reputable birth injury attorney will collaborate with a variety of experts to assess the financial impact of any injury to your family and how much you are entitled to compensation for these costs.

The first step in a birth injury claim is to establish that the doctor who was involved in your case had a professional relationship with you and your child and that they violated that relationship by acting negligently either prior to or after the child's birth. This can be easy to prove through the collection of your medical records and hospital bills.

Once this has been established the lawyer needs to determine the specific actions that the doctor performed that were negligent and how they affected the health of your child. A birth injury attorney will know what to look for and where you can get the medical evidence and expert witness testimony needed to demonstrate your case.

A good birth injury attorney will take care of the many complexities of your case and should never require you to come out of your pocket to seek justice. They should be willing to work on a basis of contingency fees which means they only receive payment if they win your case and the amount they get is a percentage of the settlement or award you receive.