15 Interesting Facts About Birth Injury Lawyers You've Never Known

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

There are still complications that can occur in the course of a child's birth despite advances in medical technology that make it safer than ever. If you believe 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 generally will advance all lawsuit expenses and only receive payment if they receive compensation for your case.

Damages

While advances in medicine have made childbirth much safer than it used to be, many mothers and babies are still at risk of injuries due to a variety reasons. These include oxygen deprivation, head trauma, and infections. These injuries can lead to long-lasting and devastating disabilities, including cerebral palsy. An experienced attorney for birth injuries can help families get the compensation they need to cover lifelong medical treatment and care.

Your lawyer will ask for all relevant medical records and reports relating to your baby's injuries. The attorney can also engage medical experts who will review the evidence and provide an official opinion on whether the medical personnel who delivered your child violated the standards of care. In the typical scenario, an expert will compare medical care offered by the defendant with practices generally accepted by medical professionals with similar experience and qualifications.

Economic and non-economic damages can be awarded. Economic damages are for expenses such as current and future medical bills, lost income, and property losses. Non-economic damages include emotional distress and pain and suffering. In rare cases the punitive damages might be awarded. These are designed to punish the at-fault party and prevent similar behavior in the future. These are different from compensatory damages that are awarded to recover the actual loss.

Medical Experts

Although medical advances have made childbirth more secure than ever, the process still involves some risk for both baby and mother. It is the responsibility of the doctors and nurses who are involved in the birth to be professional and to avoid mistakes that could have disastrous consequences for both the baby's and mother's health. If they fail to follow through and cause birth injuries parents may be able to claim compensation for their injuries.

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, such as witness testimony and medical records. They will also obtain expert opinions from other sources, including doctors and specialists.

They will look over the evidence and provide an official opinion on whether the injuries resulted from medical negligence. This will be utilized by the lawyer to determine what to do next.

If the medical professional agrees that malpractice was committed then your lawyer will file a lawsuit against those responsible parties. This usually includes the obstetrician in charge of your pregnancy and delivery as well as any surgeons or nurses who assisted during the birth and the hospital where the birth took place.

The cost of litigation can be quite high as a result of the many fees like the cost of records, expert witnesses and depositions. Your lawyer will pay these expenses and then reimburse you once they settle your case.

Prepare for the trial

In general, a birth injuries lawyer takes every case where the infant suffered injuries due to negligence of a doctor prior to or shortly after the birth injury lawsuit. The lawyer will consider two aspects when analyzing the case to determine if there evidence of medical negligence, and the severity of the injury.

Attorneys often consult with medical experts to determine whether the injury was caused by medical malpractice. The experts will carefully examine the records of the pregnancy, birth of the child and the medical treatment given to the injuries that occurred afterward. They will also be able assess the impact of the injuries on the child and their future.

The experts will help the lawyer identify which medical professionals should be included in the lawsuit. The lawyer will write an email asking the medical providers and insurers to respond to the claim. A reputable attorney for birth injuries will be able to negotiate with insurance companies and be ready to take the case to trial if necessary.

Parents could be entitled to compensation for medical expenses that result from their child's injuries. They may also be able to claim damages for suffering and pain. These damages can mount up particularly if the child's injuries are severe. An experienced attorney for birth injuries can help maximize the compensation paid to the parents.

Insurance Companies

Although a lawsuit for birth injuries can't reverse the harm done to your child, it may help pay for future medical expenses, the cost of therapy as well as home modifications and ongoing support. These costs may seem daunting, injuries but a skilled birth injury lawyer will collaborate with several experts to determine the financial impact on your family due to an injury that you suffered and how much compensation you are entitled to.

To submit a claim for birth injuries, you must first prove that your doctor and your child had an professional relationship, and that they breached that relationship by acting negligently before or during the time of your child's birth. This can be simple to prove through the collection of your medical documents and hospital bills.

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

A good birth injury lawyer will handle the complexities of your claim and will never demand you to pay for justice. They should be able and willing 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.