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

While advances in medicine make childbirth safer than ever, complications can still arise following the ballwin birth injury attorney of a baby. If you believe your child was injured due to a birth injury, speak to an experienced birth injury attorney immediately.

A firm that specializes in dade city birth injury law firm injury cases generally will advance the entire cost of a lawsuit. They will only be paid if they receive compensation for your case.

Damages

While medical advances have made childbirth safer than ever before, many mothers and their infants are still at a high risk of injury for a variety of reasons. Trauma to the head and oxygen deprivation are among the most common. These injuries can cause lasting and severe disabilities, including cerebral palsy. A good birth injury attorney can help families receive the compensation they need to fund lifelong care and injury support.

Your attorney will request all pertinent medical records and reports relating to your baby's injury. He or she will also engage medical experts to review the evidence and give a formal opinion about whether the medical experts involved in the birth of your baby violated the standard of care. In a typical case an expert will examine the medical care provided by the defendant to methods that are commonly used by medical experts with similar experience and training.

Damages are awarded for economic and non-economic losses. Economic damages cover expenses such as current and future medical bills, lost income, and property loss. Non-economic damages include emotional distress and pain and suffering. In some cases, punitive damages can also be awarded. They are intended to penalize the party responsible and discourage similar behavior in the future. They are distinct from compensatory damages, which are awarded to compensate for actual loss.

Medical Experts

Even though medical advancements have made childbirth more safe 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 birth to act professionally, and to avoid making mistakes that could cause devastating harm for both mother and baby's health. If they fail to act accordingly and cause a birth injury parents may claim compensation for the damage.

A birth injury attorney will work closely with you throughout the entire duration of your case, beginning from the initial consultation until the final resolution. They will gather evidence from you, such as witness testimonies and medical records and also get expert opinions from numerous sources including other doctors and specialists.

These experts will examine all the evidence and give an opinion in writing on whether the injuries were caused because of medical negligence. The lawyer will then use this to determine how to proceed.

If the medical professional is of the opinion that malpractice occurred your lawyer will file a 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 personnel 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 pay these expenses, and will reimburse you after they have settled your case.

Preparing for a trial

Generally, a birth injury lawyer will consider every case where the infant was injured due to negligence of a doctor prior to, during or shortly after the birth. The attorney will look at two aspects when analyzing the case whether there evidence of medical negligence, and how severe the injury is.

Often, attorneys consult with medical experts in order to determine if medical negligence caused the injury. They will review documents from the pregnancy, the child's birth and the medical treatment for the injuries afterward. They will also be in a position to determine the effects of the injuries sustained by the child on his or her future.

The experts will aid the lawyer in determining the medical providers to be named as defendants in the lawsuit. The lawyer will write an email to the medical providers and insurers to respond to the claim. A good birth injury attorney will be able to negotiate with the insurance companies and be prepared to bring the case to trial should it be necessary.

Parents could be entitled to damages for past and future medical expenses that result from the injuries of their child. They may also be awarded damages for suffering and pain. These damages can be substantial when the child's injuries were serious. A good birth injury attorney can maximize the compensation that is awarded to parents.

Insurance Companies

While a birth injury lawsuit can't reverse the harm done to your child, it can pay for future medical expenses, the cost of therapy, home modifications, and ongoing support. The costs could seem overwhelming at first but a competent birth injury lawyer will collaborate with several experts to assess the financial impact of a specific injury on your family and what amount you are legally entitled to receive compensation for these expenses.

The first step in a birth injury lawsuit is to establish that the doctor who was involved in your case had a professional relationship with you and your child. They must also prove that they violated this relationship by acting negligently either prior to or after the child's birth. This can be simple to prove through the collection of your medical documents and hospital bills.

After this is established the lawyer will have to determine the specific actions that the doctor performed that were negligent and how these impacted your child's health. A birth injury attorney will know what to look for and where to get 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 never ask you to pay out of your pocket to seek justice. They must be able to work on an hourly basis. This means they will only get paid when they win your case and their fee is a portion of the settlement or award.