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

Although medical advances make childbirth safer than ever, complications can still arise during and after the birth of an infant. If you suspect that your child suffered from a preventable birth injury, contact an experienced birth injury attorney right away.

A firm that specializes in birth injury cases will typically advance all lawsuit expenses and only be paid if they receive compensation for your case.

Damages

While advances in medicine have made childbirth safer than it used to be but many mothers and their babies are still susceptible to injuries due to a variety of reasons. These include oxygen deprivation head trauma and infections. These injuries can lead to permanent and devastation to the body, including cerebral palsy. A good birth injury attorney can assist families in obtaining the compensation they need to cover lifelong medical treatment and care.

Your lawyer will request all medical records and reports that relate to the injury of your baby. He or she may also employ medical experts who will review the evidence and provide an official opinion as to whether the medical personnel who delivered your baby violated the standards of care. In a typical case, an expert will compare medical care provided by the defendant to practices generally accepted by medical experts with similar experience and training.

Damages can be awarded for both economic and non-economic losses. Economic damages can cover expenses like future and current medical bills, lost income and property loss. Non-economic damages include emotional distress as well as suffering. In rare circumstances, punitive damages may also be awarded. These are intended to punish the responsible party and discourage similar behavior in future. These are different from compensatory damages which are awarded to cover actual losses.

Medical Experts

Even though medical advancements have made childbirth safer than ever before, there remain certain risks for both mother and baby. It is the responsibility of the doctors and nurses who are involved in the delivery to behave in a professional manner, birth injury and to avoid mistakes that could have disastrous consequences for both mother and baby's health. If they fail to do this and cause a birth injury parents may seek compensation for their losses.

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

The experts will examine the evidence and give a formal opinion as to whether the injuries were the result of medical negligence. This will be used by the lawyer to decide the best way to proceed.

If a medical professional agrees with you that malpractice occurred your lawyer will bring suit against the parties responsible. This usually includes the obstetrician who was in charge of the delivery and pregnancy and any nurses or surgeons who assisted in the delivery as well as the hospital where the birth took place.

The cost of a lawsuit can be high due to the many fees like the cost of documents, expert witnesses and depositions. Your lawyer will pay these expenses and then reimburse you once they have settled your case.

Prepare for the trial

Generally, a birth injury lawyer will take on any case in which the infant was injured caused by negligence of a doctor prior, during or shortly after the birth. The lawyer will take into consideration two aspects when analyzing the case in determining whether there is evidence of medical negligence and how severe the injury.

Attorneys will often consult with medical experts to determine whether the injury was the result of medical negligence. They will review documents from the pregnancy, birth of the child and the medical treatment given to the injuries later. They will also be able to determine the effects of the injuries suffered by the child on his or her future.

The experts will help the lawyer determine which medical professionals should be included in the lawsuit. The lawyer will then send a letter to the medical providers and their insurance companies inquiring them to respond to the claim. A good birth injury attorney will know how to negotiate with insurance companies and will be ready to go to trial if needed.

Parents may be entitled to compensation for medical expenses resulting from their child's injuries. They could also receive damages for their pain and suffering. These damages can be substantial in the event that a child's injuries were severe. A good birth injury attorney can maximize the amount of compensation awarded to the parents.

Insurance Companies

While a birth injury lawsuit will not reverse the damage that occurred to your child, it can pay for future medical expenses for therapy, the cost, home modifications, and ongoing support. These costs may appear overwhelming at first, but a good birth injury lawyer will work with a variety of experts to assess the financial impact of a particular injury on your family and how much you're entitled to compensation for these costs.

The first step in a birth injury claim is to establish that the doctor in your case had an professional relationship with you and your child, and that they breached this relationship by acting negligently either prior to or after your child's delivery. This is easy to prove by obtaining your medical documents and hospital bills.

Once this is established Once this is established, your lawyer will need to identify the specific actions performed by the doctor that were negligent and the effect they had on the health of your child. A selinsgrove birth injury lawsuit injury attorney will know what to look for and where to get the medical evidence and expert witness testimony to prove your case.

A good birth injury attorney will take care of the many complexities of your case. They will never require you to come out of pocket to pursue justice. They should be able and willing to work on the basis of a contingent fee. This means that they'll only be paid if they win your case and their fee is a proportion of the settlement or award.