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

The risk of complications can be present during and after the birth of a baby despite advances in medical technology that make it safer than ever. If you suspect your child has suffered a birth injury that could have been prevented from happening, consult a birth injury lawyer right away.

A firm that specializes on birth injury cases will typically pay for all litigation costs and only pay when they are successful in winning an award in your case.

Damages

While medical advances have made childbirth a lot safer than it was previously yet many mothers and babies are still at risk of injuries due to a variety of reasons. This includes oxygen deprivation, head trauma and infections. These injuries can cause permanent and traumatic disabilities such as cerebral palsy. A skilled birth injury lawyer can assist families in obtaining the compensation they need to cover lifelong medical treatment and support.

Your attorney will ask for all medical records and reports related to the injuries sustained by your baby. The attorney will also hire medical experts to analyze the evidence and provide an official opinion as to whether the medical personnel involved in the birth of your baby violated the standard of care. In a typical case an expert will examine the medical care offered by the defendant with practices that are commonly used by medical experts with similar training and experience.

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

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 involved in a delivery to behave in a professional manner and avoid making mistakes which could have catastrophic consequences for the health of both parties. Parents may sue for damages if doctors and nurses fail to act professionally during a delivery.

A hapeville birth injury law firm injury lawyer will be in close contact with you for the duration of your case, from the initial consultation 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 such as doctors and specialists.

The experts will analyze the evidence and give an official opinion on whether the injuries resulted from negligence on the part of a medical professional. This will be utilized by the lawyer to decide how to proceed.

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

The cost of litigation can be quite high because of the many fees such as those for documents, expert witnesses and depositions. Your lawyer will cover these expenses, and will reimburse you once they have settled your case.

Preparing for a trial

In general, a birth injuries lawyer takes any case in which the baby suffered injuries caused by negligence of a doctor prior or shortly after delivery. The lawyer will take into consideration two things when reviewing the case: whether there is evidence of medical negligence and how severe the injury.

Often, the attorneys will consult with medical experts in order to determine whether medical malpractice led to the injury. The experts will carefully examine records from the pregnancy, birth of the child and the medical treatment that was received for the injuries that occurred afterward. They will also be able to assess the impact of the injuries on the child and the future of the child.

The experts will assist the lawyer decide the medical providers that should be included in the lawsuit. The lawyer will then send a letter to the medical providers and their insurers asking them to respond to the claim. A reputable attorney for Port Wentworth Birth Injury Lawsuit injuries will be able to negotiate with the insurance companies and be prepared to bring the case to trial if necessary.

Parents may be entitled for damages for future and past medical costs related to the injuries of their child. They may also be awarded damages for pain and suffering. The amount of damages could be substantial when the child's injuries are severe. An experienced birth injury lawyer can help maximize the amount of compensation that is paid to the parents.

Insurance Companies

A lawsuit for birth injuries can't erase the harm done to your child but it could help cover future medical expenses, therapy, home modifications and ongoing support. These costs can seem daunting, but a skilled birth injury lawyer will collaborate with a team of experts to assess the financial impact on your family's finances from an injury that you suffered and the amount of compensation you are entitled to.

The first step in a north kansas city birth injury attorney injury lawsuit is to establish that the doctor who was involved in your case had a professional relationship with your child and you, and that they breached that relationship by acting negligently during or before your child's delivery. This is easy to prove through the collection of your medical documents and hospital bills.

Once this is established, the lawyer needs to determine what specific actions the doctor performed that were negligent and how they impacted your child's health. A birth injury lawyer will know where to find the medical records or expert witness testimony, as well as other evidence necessary to prove your claim.

A good birth injury lawyer will handle the complexity of your case and will never demand you to pay for justice. They should be able and willing to work on a contingent fee basis. This means that they only get paid when they win your case, and their fee is a proportion of the settlement or award.