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

Although medical advances make childbirth more secure than ever before, complications can still arise during and after the birth of an infant. If you suspect that your child suffered from a preventable birth injury, contact an experienced birth injury attorney immediately.

A firm that is specialized in cases involving birth injuries generally advances all costs associated with a lawsuit and only get paid when they are awarded compensation for your case.

Damages

While advances in medicine have made childbirth a lot safer than it used to be yet many mothers and babies are still at risk of injuries from a variety of reasons. Trauma to the head and oxygen deprivation are among the most frequent. These injuries can result in long-lasting and devastating disabilities, including cerebral palsy. A skilled birth injury lawyer will help families obtain compensation for the lifetime medical treatment and care they require.

Your attorney will seek all relevant medical records and reports related to the injury your baby sustained. The attorney will also hire medical experts to review the evidence and give an official opinion as to whether the medical professionals involved in the birth of your baby violated the standard of medical care. In a typical case an expert will assess the medical care provided by the defendant to practices typically accepted by medical professionals with similar experience and qualifications.

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

Medical Experts

Although advances in medicine have made childbirth safer than ever before, there are still certain risks for both mother and baby. It is up to the nurses and doctors who are involved in the delivery to be professional and avoid mistakes that could have devastating consequences for the health of both parties. When they fail to act accordingly and cause birth injuries parents may claim compensation for their injuries.

From the initial consultation up to the final resolution A birth injury lawyer will closely work on your case. They will gather evidence from you, including witness testimony and medical records. They will also solicit expert opinions from other sources including doctors and specialists.

These experts will examine all the evidence, and provide an official opinion as to whether the injuries are by medical negligence. This will be utilized by the lawyer to decide how to proceed.

If a medical professional agrees with you that malpractice was committed, your lawyer will file a lawsuit against the accountable parties. This includes the obstetrician who was in charge of your pregnancy, and any nurses, surgeons, or hospital personnel who assisted during the delivery.

The cost of a lawsuit can be high due to the cost for expert witnesses, evidence, and depositions. Your lawyer will cover these costs and reimburse you once they have negotiated settlement on your behalf.

Preparing for Trial

A birth injury lawyer will work every case where the baby was injured as a result of doctor negligence, whether before, during, or shortly after the birth. The attorney will look at two aspects when analyzing the case to determine if there evidence of medical negligence and how severe the injury.

Often, lawyers will consult with medical experts to determine if medical malpractice led to the injury. They will review records from the pregnancy, birth of the child and the medical treatment given to the injuries following. They will also be able analyze the effects of injuries on the child and his or her future.

The experts will assist the lawyer determine which medical providers should be included in the lawsuit. The lawyer will send a letter to the medical providers and their insurance companies and ask them to respond to the lawsuit. A reputable birth injury lawyer will be able to negotiate with the insurance companies and will be ready to bring the case to trial if needed.

Parents may be entitled to compensation for past and future medical expenses related to the injuries sustained by their child. They could also be awarded damages for their pain and suffering. These damages can be substantial when the child's injuries were severe. An experienced attorney for birth injuries can help maximize the compensation that is awarded to parents.

Insurance Companies

A birth injury lawsuit isn't able to reverse 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, but a knowledgeable birth injury lawyer will work with a variety of experts to determine the financial impact on your family due to the injury you sustained 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 established professional relationship with you and your child. They must also prove that they breached the trust by committing a breach prior to or during the Birth injury Lawyers of your child. You can easily prove this by collecting your hospital bills and medical records.

Once this is established the lawyer must identify the specific actions the doctor made that were negligent and how they affected your child's health. A birth injury lawyer will know where to find the medical documents along with expert witness testimony and other evidence that can be used to prove your claim.

A reputable birth injury lawyer will handle the complexity of your case and never require you to pay for justice. They should be able to work on a contingent fee basis which means that they receive payment if they win your case. The amount they get is a percentage of the settlement or award you receive.