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

Although advances in medicine have made birthing safer than ever before but complications can still occur in the course of birth and after the birth of the baby. If you suspect your child suffered an unavoidable birth injury, consult an experienced birth injury attorney right away.

A firm that is specialized in holyoke birth injury lawyer injury cases generally will advance the entire cost of a lawsuit. They will only receive payment if they receive the case.

Damages

Although advances in medicine have made birthing safer than ever before, many mothers and their babies are still at risk of risk of injury for a variety reasons. The lack of oxygen and head trauma are among the most common. These injuries can lead to devastating disabilities such as cerebral palsy. A good birth injury attorney can help families receive the compensation they need to fund lifelong care and care.

Your attorney will ask for all relevant medical records and reports relating to your baby's injury. He or she will also engage medical experts to examine the evidence and provide a formal opinion about whether the medical personnel involved in the birth of your baby violated the standard of medical care. In the typical scenario, an expert will compare medical care provided by the defendant to practices generally accepted by medical experts with similar training and experience.

Economic and non-economic damages can be awarded. Economic damages cover expenses like current and future medical bills, lost income and property losses. Non-economic damages could include emotional distress, pain and suffering. In some cases, punitive damages can also be awarded. They are intended to penalize the at-fault party and prevent similar conduct in the future. They are distinct from compensatory damages which are awarded to cover actual losses.

Medical Experts

While advances in medicine 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 involved in the birth process to behave professionally and avoid making mistakes that could result in devastating consequences for the health of both parties. When they fail to do so and cause a birth injury parents can seek compensation for their damages.

A birth injury attorney 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, including witness testimony and medical records. They will also seek expert opinions from other sources such as doctors and specialists.

They will look over the evidence and give a formal opinion as to whether the injuries resulted from negligence on the part of a medical professional. The lawyer will use this to decide how best to proceed.

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

Lawsuits can be expensive due to the numerous fees, including the cost of documents, expert witnesses and depositions. Your lawyer will advance these costs and then reimburse you once they have negotiated settlement on your behalf.

Preparing for the Trial

Generally, a birth injury lawyer takes cases where the baby suffered injuries caused by negligence of a doctor prior, during or shortly after the birth. The attorney will look at two factors when analyzing the case whether there evidence of medical negligence and how severe the injury is.

Often, Atwater birth injury lawyer lawyers will consult with medical experts in order to determine if medical malpractice caused the injury. The experts will carefully examine the records of 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 evaluate the effects of the injuries on the child as well as his or her future.

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

Parents may be entitled for damages for past and future medical expenses that result from the injuries suffered by their child. You could also be entitled to compensation for the pain and suffering you have endured. These damages could be substantial, especially if a child's injuries were severe. A good birth injury attorney can help maximize the amount of compensation given to parents.

Insurance Companies

While a birth injury lawsuit cannot undo what happened to your child, it could help pay for future medical expenses, the cost of therapy, home modifications and on-going support. These expenses may seem overwhelming at first, but a good birth injury lawyer will collaborate with a variety of experts to assess the financial impact of a particular injury on your family and how much you're entitled to be compensated for these costs.

The first step in a birth injury lawsuit is to prove that the doctor in your case had an official relationship with your child and you, and that they violated this relationship by acting negligently during or before the child's birth. This can be simple to prove by obtaining your medical records and hospital bills.

Once this has been established the lawyer will need to identify the specific actions the doctor made that were negligent and how they affected your child's health. A birth injury attorney will know what to look for and how to obtain the medical evidence and expert witness testimony needed to prove your case.

A good birth injury attorney can handle the entire complexity of your case. They will not require you to pay out of pocket to pursue justice. They must be able to work on an hourly basis. This means that they only be paid if they win your case, and their fee is a percentage of the settlement or award.