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

Although medical advances make birthing safer than ever before, complications can still arise following the birth of a baby. If you suspect your child was injured due to a birth injury, speak to an experienced birth injury attorney right away.

A firm that specializes in birth injury cases will typically advance all lawsuit expenses and only be paid if they are awarded compensation for your case.

Damages

Although advances in medicine have made childbirth more secure than ever before, many mothers and their infants are still at a high risk of injury due to a variety of reasons. This includes oxygen deprivation, head trauma, and infections. These injuries can cause catastrophic disabilities, such as cerebral palsy. A skilled birth injury lawyer will help families obtain compensation for the lifelong medical treatment and care they require.

Your lawyer will ask for all relevant medical records and reports related to the baby's injury. He or she will also engage medical experts to examine the evidence and provide an official opinion on whether the medical professionals involved in your baby's delivery violated the standard of medical care. In a typical situation, an expert will assess the medical care provided by the defendant to methods that are commonly used by medical professionals with similar experience and qualifications.

Damages can be awarded for economic and non-economic losses. Economic damages cover expenses such as current and future medical bills, lost income and property losses. Non-economic damages could include emotional distress as well as suffering and pain. In rare instances the punitive damages might be awarded. These are designed to punish the at-fault party and deter similar behavior in the future. They are distinct from compensatory damages that are awarded to recover actual losses.

Medical Experts

Even though medical advancements have made childbirth safer than ever before, there remain some risks for both the mother and baby. It is the responsibility of nurses and doctors who are involved in the delivery to behave in a professional manner and avoid making mistakes which could have catastrophic consequences for the health of both parties. Parents may be able to sue for damages if the nurses and doctors are not professional during a delivery.

From the initial consultation up to the final resolution, a birth injury lawyer will closely work on your case. They will collect evidence from you such as witness statements and medical records, and also obtain expert opinions from numerous sources including other specialists and doctors.

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

If the medical expert confirms that a mistake occurred the lawyer will file suit against the accountable parties. This includes the obstetrician who was in charge of your pregnancy, any surgeons, nurses or hospital personnel who assisted during the delivery.

The costs of a lawsuit can be high due to the costs 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 takes cases where the baby suffered injuries due to doctor negligence before, during or shortly after the birth. The lawyer will consider two factors when analyzing the case to determine if there evidence of medical negligence, and how severe the injury is.

Attorneys frequently consult with medical experts to determine if the injury was the result of medical negligence. They will look over all records related to the childbirth, pregnancy and medical treatment for injuries. They will also be able examine the effects of the injuries on the child and his or her future life.

The experts will assist the lawyer decide which medical providers should be named in the lawsuit. The lawyer will issue a letter asking the medical providers and insurers to respond to the complaint. A reputable attorney for birth injuries will be able to negotiate with insurance companies and will be prepared to make the case go to trial if necessary.

Parents may be entitled for damages for future and past medical costs related to the injuries sustained by their child. They may also be able to claim damages for their pain and suffering. These damages can mount up, especially if the child's injuries are serious. A reputable birth injury lawyer will maximize the amount of compensation given to parents.

Insurance Companies

A birth injury lawsuit won't repair the harm caused to your child, but it can cover future medical costs such as therapy, home improvements, and ongoing support. These costs may seem overwhelming at first but a good birth injury lawyer will work with a variety of experts to calculate the financial impact of any injury to your family and the amount you are entitled to be compensated for these costs.

The first step in a birth injury claim is to establish that the doctor in your case had a professional relationship with your child and you, and that they violated the relationship by acting negligently either prior to or after the birth of your child. It is easy to demonstrate this by looking up your medical bills and hospital bills.

Once this is established After this is established, the lawyer needs to determine the specific actions taken by the doctor that were negligent and the effect they affected your child's health. A birth injury lawyer can help you locate the medical documents or expert witness testimony, as well as other evidence needed to prove your claim.

A reputable birth injury lawyer will take care of the many complexities of your case. They should never require you to come out of your pocket to seek justice. They should be willing and able to work on the basis of a contingent fee. This means they will only be paid if they win your case, and their fee is a proportion of the settlement or award.