10 Great Books On Birth Injury Lawyers

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

Complications can still occur during and after a child's birth, despite medical advances making it more secure than ever. If you suspect that your child suffered a preventable birth injury, consult an experienced attorney for birth injuries immediately.

A firm that specializes in cases involving birth injuries will typically advance all legal costs and only get paid when they receive compensation for your case.

Damages

While advances in medicine have made childbirth more secure than it used to be yet many mothers and babies are still susceptible to injuries due to a variety of reasons. Oxygen deprivation and head trauma are among the most common. These injuries can cause devastating disabilities such as cerebral palsy. An experienced attorney for birth injuries can help families get the compensation they require to cover the cost of lifelong treatment and care.

Your attorney will ask for all medical records and other reports pertaining to the injuries suffered by your baby. They may employ medical experts who will analyze the evidence and provide an opinion in writing on whether the medical professionals who delivered your child violated the standards of care. In a typical situation, an expert will evaluate the medical treatment offered by the defendant with the practices generally accepted by other medical professionals who have similar education and experience.

Economic and non-economic damages are able to be awarded. Economic damages can include medical expenses loss of income, property damage. Non-economic damages include emotional distress and pain and suffering. In rare instances, punitive damages are also awarded. These are intended to punish the at-fault party and prevent similar behavior in the future. These are different from compensatory damages, which are awarded to compensate for actual loss.

Medical Experts

Although advances in medicine have made childbirth more safe than ever before, there remain some risks for both the mother and baby. It is the responsibility of nurses and doctors involved in a birth to act professionally and avoid mistakes which could have catastrophic consequences for the health of both parties. When they fail to act accordingly and cause birth injuries parents can claim compensation for their injuries.

An attorney for birth injuries will be in close contact with you throughout the course of your case, beginning from the initial consultation until the final resolution. They will gather evidence from you such as medical records and witness testimony and also get expert opinions from numerous sources including other doctors and specialists.

They will look over the evidence and give an official opinion on whether the injuries were caused by medical negligence. This will be utilized by the lawyer to decide on the best way to proceed.

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

The costs of a lawsuit are high due to the fees for expert witnesses, evidence, and depositions. Your lawyer will cover these costs and pay you back once they have won an agreement on your behalf.

Preparing for 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 birth. The lawyer will examine two aspects when evaluating the case in determining whether there is evidence of medical negligence, and how severe the injury.

Attorneys frequently consult with medical experts to determine if the injury was caused by medical malpractice. The experts will carefully examine records from the pregnancy, birth of the child and the medical treatment for the injuries later. They will also be able to evaluate the impact of the injuries suffered by the child on his or her future.

The experts will assist the lawyer in identifying which medical professionals are to be named as defendants in the lawsuit. The lawyer will write an email to the medical providers and insurers to respond to the complaint. A reputable attorney for birth injuries will know how to negotiate with insurance companies and be ready to bring the case to trial if needed.

Parents could be entitled to damages for past and future medical expenses related to the injuries sustained by their child. They could also receive damages for their pain and suffering. These damages can mount up, especially if the child's injuries are severe. An experienced attorney for birth injuries can help maximize the compensation awarded to the parents.

Insurance Companies

Although a lawsuit for birth injuries cannot undo what happened to your child, it can pay for future medical expenses, the cost of therapy, home modifications and Birth injuries on-going support. These costs can seem overwhelming, but a seasoned birth injury lawyer will collaborate with several experts to determine the financial impact on your family's finances from an injury, and the amount of compensation you are entitled to.

In order to make a claim for birth injuries, you must first prove that your doctor and your child shared an professional relationship, and that they breached that relationship by committing a negligent act prior to or during the time of your child's birth. You can easily demonstrate this by looking up your hospital bills and medical records.

Once this has been established the lawyer will have to identify the 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 and where to obtain the medical evidence and expert witness testimony to demonstrate your case.

A good birth injury lawyer will take care of the complexities of your claim and will never ask you to pay for justice. They should be willing and able to work on a contingent fee basis. This means that they will only get paid when they win your case and their fee is a percentage from the settlement or award.