Birth Injury Lawyers Strategies That Will Change Your Life

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

Although advances in medicine make childbirth safer than ever but complications can still occur during and after the birth of an infant. If you believe your child suffered an unavoidable birth injury, you should contact an experienced birth injury lawyer right away.

A firm that is specialized in cases involving birth injuries will generally advance all costs associated with a lawsuit and only be paid if they win the case.

Damages

While medical advances have made childbirth more secure than ever before however, mothers and their babies are still at high risk of injury due to number of reasons. Head trauma and oxygen deprivation are among the most frequent. These injuries can cause catastrophic disabilities like cerebral palsy. A skilled birth injury lawyer will help families obtain an award for the lifelong treatment and medical care they require.

Your lawyer will request all medical records and reports related to the injuries sustained by your baby. He or she may also engage medical experts who will analyze the evidence and provide an opinion in writing on whether the medical personnel who delivered your baby violated the standards of care. In a typical case an expert will compare the medical treatment offered by the defendant with the practices commonly accepted by other medical professionals with similar qualifications and experience.

Economic and non-economic damages can be awarded. Economic damages include medical costs, lost income and property damage. Non-economic damages may include emotional distress and suffering. In rare instances the punitive damages might be awarded. They are intended to penalize the at-fault party and deter similar behavior in the future. They are distinct from compensatory damages that are awarded to recover the actual loss.

Medical Experts

While medical advances have made childbirth more secure than ever, the process is not without risk for both baby and mother. It is the responsibility of nurses and doctors who are involved in the delivery to behave professionally and avoid making mistakes which could have catastrophic consequences for the health of both parties. If they fail to do so and cause birth injury law firm injuries parents may seek compensation for their losses.

From the initial consultation to the final resolution, a birth injury lawyer will work closely with your case. They will collect evidence from you, such as medical records and witness testimonies, and also obtain expert opinions from numerous sources including other specialists and doctors.

They will look over all evidence and provide an official opinion as to whether the injuries were because of medical negligence. The lawyer will use this to decide how best to proceed.

If the medical expert is of the opinion that malpractice was committed the lawyer will file a lawsuit against those responsible parties. This includes the obstetrician who was in charge of your pregnancy, as well as any nurses, surgeons, or hospital personnel who assisted during the birth.

The cost of a lawsuit can be expensive due to the charges for Birth injury expert witnesses, records, and depositions. Your lawyer will cover these expenses, and reimburse you after they have settled your case.

Prepare for Trial

A birth injury lawyer will work on any case in which the baby was injured as a result of doctor negligence, before, during, or shortly after the birth. The lawyer will take into consideration two things when reviewing the case: whether there is evidence of medical negligence and how serious the injury.

Attorneys frequently consult with medical experts to determine if the injury was the result of medical negligence. Experts will carefully review the records of the pregnancy, birth of the child and the medical treatment for the injuries that occurred afterward. They will also be able analyze the effects of injuries on the child and his or her future life.

The experts will assist the lawyer determine which medical professionals should be included in the lawsuit. The lawyer will then send an email asking the medical providers and insurers to respond to the complaint. A good birth injury attorney will be able to negotiate with insurance companies and will be prepared to go to trial if needed.

Parents may be entitled for damages for past and future medical expenses that result from the injuries sustained by their child. You may also be entitled to damages for your pain and suffering. These damages can be substantial in the event that a child's injuries were severe. An experienced attorney for birth injuries can maximize the amount of compensation paid to the parents.

Insurance Companies

While a birth injury lawsuit can't reverse the harm done to your child, it could cover future medical expenses for therapy, the cost as well as home modifications and ongoing support. These costs can seem daunting, but a skilled birth injury lawyer will work with a number of experts to determine the financial impact on your family's finances from a specific injury and the amount of compensation you are entitled to.

The first step in a birth injury lawsuit is to prove that the doctor who was involved in your case had an official relationship with you and your child, and that they violated the trust by committing a breach either prior to or after 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 have to identify the specific actions the doctor made that were negligent and how these impacted your child's health. A birth injury lawyer will know where to locate the medical documents along with expert witness testimony and other evidence that can be used to prove your claim.

A good birth injury lawyer will handle all the complexities of your case and will never require you to pay out of pocket to pursue justice. They should work on a contingent fee basis, meaning that they only get paid if they win your case and the amount they receive is a percentage of the settlement or award you receive.