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

Although advances in medicine make birthing safer than ever before however, complications may still occur during and after the birth of the baby. If you suspect your child suffered an unavoidable birth injury, speak to an experienced attorney for birth injuries right away.

A firm that is specialized in cases involving birth injuries will typically advance all legal costs and only get paid when they win the case.

Damages

While medical advances made birthing safer than ever before but many mothers and their babies are still at risk of danger of injury due variety reasons. These include oxygen deprivation, head trauma, and infections. These injuries can lead to devastating disabilities, such as cerebral palsy. A good birth injury lawyer will help families obtain compensation for the lifetime treatment and medical care they require.

Your attorney will ask for all medical records and reports related to the injuries sustained by your baby. He or she may also hire medical experts to analyze the evidence and give an official opinion on whether the medical personnel who delivered your baby did not follow the standard care. In a typical case an expert will assess the medical care provided by the defendant with the practices commonly accepted by other medical professionals with similar experience and training.

Damages are awarded for economic and non-economic losses. Economic damages cover expenses like future and current medical bills, lost income and property loss. Non-economic damages include emotional distress, birth injury lawsuit suffering and pain. In rare cases the punitive damages might be awarded. These are meant to penalize the responsible party and discourage similar behaviour in the future. They are distinct from compensatory damages that are awarded to compensate for actual losses.

Medical Experts

While medical advances have made childbirth more safe than ever before, there are still certain risks for both mother and baby. It is the responsibility of nurses and doctors who are involved in the delivery to be professional and avoid making mistakes that could cause catastrophic harm for the health of both parties. If they fail to follow through and cause a birth injury parents may be able to seek compensation for their damages.

A birth injury lawyer will be in close contact with you throughout the course of your case, from beginning with the initial consultation until final resolution. They will collect evidence from you such as witness statements and medical records and also get expert opinions from numerous sources including other doctors and specialists.

These experts will review the evidence and provide a formal opinion as to whether the injuries were the result of medical negligence. This will be used by the lawyer to decide on the best way to proceed.

If the medical professional believes that a malpractice occurred, your lawyer will bring suit against the parties at fault. This includes the obstetrician who was in charge of your pregnancy as well as any surgeons, nurses or hospital staff who assisted during the birth.

The costs of a lawsuit could be high due to the fees for expert witnesses, records, and depositions. Your lawyer will pay these costs and reimburse you once they have negotiated settlement on your behalf.

Preparing for a trial

Typically, a birth injury lawyer is a person who handles any case in which the baby suffered injuries due to negligence of a doctor prior to or shortly after birth. The attorney will look at two factors when analyzing the case: whether there is evidence of medical negligence and how severe the injury is.

Often, the attorneys will consult with medical experts to determine if medical negligence led to the injury. These experts will carefully review records from the pregnancy, birth of the child and the medical treatment for the injuries later. They will also be able to assess the effect of the injuries suffered by the child on his or her future.

The experts will help the lawyer determine which medical professionals should be named in the lawsuit. The lawyer will then send a letter to the medical providers and their insurance companies inquiring them to respond to the lawsuit. A reputable attorney for birth injuries will know how to negotiate with the insurance companies and will be ready to make the case go to trial if necessary.

Parents could be entitled to damages for future and past medical costs related to the injuries sustained by their child. They may also be able to claim damages for birth injury lawsuit their pain and suffering. These damages can be significant when the child's injuries are serious. A skilled birth injury lawyer can maximize the amount of money given to parents.

Insurance Companies

A birth injury lawsuit isn't able to erase the harm done to your child but it could help cover future medical costs therapies, home modifications, and ongoing support. The costs could seem overwhelming at first however, a reputable birth injury attorney will collaborate with several experts to determine the financial impact of any accident on your family and the amount you are legally entitled to receive compensation for these costs.

To submit a claim for birth injuries, you must first prove that your doctor and your child have a professional relationship and that they violated this relationship by not acting appropriately prior to or during the time of your child's birth. It is easy to prove this by obtaining your medical bills and hospital bills.

Once this is established the lawyer needs to identify the specific actions the doctor made that were negligent and how these affected your child's health. A birth injury attorney will know what to look for and where to obtain the medical evidence and expert witness testimony to support your case.

A good sacramento birth injury law firm injury lawyer will deal with the details of your case and never ask you to pay for justice. They must be able and willing 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 portion of the settlement or award.