15 Great Documentaries About Birth Injury Lawyers

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

There are still complications that can occur during and after the birth of a child despite advances in medical technology making it safer than ever. If you suspect your child suffered an unavoidable birth injury, you should contact an experienced birth injury attorney right away.

A firm that is specialized in cases involving birth injury attorneys injuries will generally advance all costs associated with a lawsuit and only be paid if they are awarded the case.

Damages

While medical advances have made childbirth more secure than it was before, many mothers and their babies are still at high risk of injury due to variety of reasons. These include oxygen deprivation head trauma, and infections. These injuries can cause long-lasting and devastating disabilities, including cerebral palsy. A good birth injury attorney can assist families in obtaining the compensation they require to fund lifelong care and support.

Your lawyer will request all relevant medical records and reports related to your baby's injury. He or she may also employ medical experts to review 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 case, an expert will examine the medical care offered by the defendant with practices commonly accepted by medical professionals with similar training and experience.

Economic and non-economic damages can be awarded. Economic damages can include medical expenses, lost income and property damage. Non-economic damages include emotional distress, pain and suffering. In rare cases punitive damages can also be awarded. These are designed to punish the at-fault party and prevent similar conduct in the future. They are distinct from compensatory damages granted to recover actual losses.

Medical Experts

While medical advances have made childbirth safer than ever before, there are some risks for both the mother and baby. It is the responsibility of nurses and doctors who are involved in the delivery to act professionally and avoid making mistakes that could have devastating consequences for the health of both parties. When they fail to follow through and cause birth injuries parents can claim compensation for their injuries.

A birth injury attorney will work closely with you for the duration of your case from beginning with the initial consultation until final resolution. They will gather evidence from you, such as 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 offer a formal opinion as to whether the injuries were caused by medical negligence. This will be used by the lawyer to decide how to proceed.

If the medical professional agrees with you that malpractice was committed, your lawyer will file a suit against the responsible parties. This usually includes the obstetrician who was responsible for your pregnancy and delivery, any nurses or surgeons who assisted during the delivery, as well as the hospital in which the birth took place.

The cost of a lawsuit may be high due to the cost for expert witnesses, documents, and depositions. Your lawyer will pay for these costs, and then reimburse you after they have settled your case.

Preparing for a trial

A birth injury lawyer will work on any case in which the baby was injured as a result of doctor negligence, before, during, or shortly following delivery. When reviewing the case, the attorney will consider two aspects: whether there is evidence of medical negligence, as well as the extent of the injury.

Often, lawyers will consult with medical experts in order to determine if a medical error led to the injury. The experts will go through all documents related to pregnancy, childbirth, and medical treatment for injuries. They will also be in a position to evaluate the impact of the injuries sustained by the child on his or her future.

The experts will help the lawyer decide which medical professionals should be included in the lawsuit. The lawyer will then send a letter the medical providers and their insurers asking them to respond to the claim. A good birth injury attorney will be able to negotiate with the insurance companies and will be ready to make the case go to trial should it be necessary.

Parents may be entitled for damages for future and past medical expenses resulting from the injuries suffered by their child. Additionally, you could be awarded damages for your pain and suffering. These damages can be significant when the child's injuries were severe. A good birth injury attorney can help maximize the compensation paid to the parents.

Insurance Companies

A birth injury lawsuit won't undo the damage done to your child, but it could cover future medical expenses therapies, home modifications and ongoing support. These costs can seem overwhelming, but a knowledgeable birth injury lawyer will work with several experts to determine the financial effects on your family from an injury, and the amount of compensation you are entitled to.

The first step in a birth injury lawsuit is to prove that the doctor who handled your case had an official relationship with you and your child, and that they breached that relationship by acting negligently prior to or during the birth of your child. You can easily establish this by obtaining your medical bills and hospital bills.

Once this is established, the lawyer will need to determine what specific actions the doctor performed that were negligent and how they impacted the health of your child. A birth injury attorney will know what to look for and where to get the medical records and expert witness testimony needed to support your case.

A good birth injury attorney can handle the entire complexity of your case. They should never ask you to pay out of your pocket to seek justice. They should be willing to work on a contingency basis which means they only receive payment if they win your case and the amount they earn is a percentage of the settlement or award you receive.