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

While advances in medicine make births more secure than ever but complications can still occur following the birth of an infant. If you suspect your child has suffered a birth injury that could have been prevented, contact a birth injury lawyer right away.

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

Damages

While advances in medicine have made birthing safer than ever before but mothers and infants are still at a high danger of injury due variety reasons. This includes oxygen deprivation, head trauma and infections. These injuries can cause catastrophic disabilities like cerebral palsy. A skilled birth injury lawyer can help families get an award for the lifelong treatment and medical care they require.

Your attorney will seek all relevant medical records and reports related to the baby's injury. The attorney will also employ medical experts to examine the evidence and provide 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 assess the medical care provided by the defendant to methods that are commonly used by medical professionals who have the same experience and education.

Damages may be awarded for economic and non-economic losses. Economic damages include medical costs as well as lost income and property damage. Non-economic damages may include emotional distress and suffering. In rare cases punitive damages can also be awarded. These are designed to punish the party at fault and discourage similar behavior in the future. These are separate from the compensation damages that are granted to recover actual losses.

Medical Experts

While medical advances have made childbirth safer than ever before, there are still certain risks for both mother and baby. It is the responsibility of doctors and nurses involved in a delivery to act professionally and avoid mistakes that could cause catastrophic harm for the health of both parties. If they fail to do so and cause a birth injury, parents can seek compensation for their damages.

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

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

If a medical professional is of the opinion that malpractice was committed, your lawyer will file an action against the accountable parties. This usually includes the obstetrician who was responsible for your pregnancy and delivery and any nurses or surgeons who helped during the delivery, as well as the hospital where the birth occurred.

Lawsuits can be expensive due to the numerous fees, including the cost of records, expert witnesses, and depositions. Your lawyer will pay for these costs, and then reimburse you after they have settled your case.

Prepare for trial

Generally, a birth injury lawyer will take on any case in which the infant was injured because of negligence by a doctor before, during or shortly after delivery. The lawyer will consider two aspects when analyzing the case whether there evidence of medical negligence, and how serious the injury.

Attorneys frequently consult with medical experts to determine whether the injury was the result of medical malpractice. These experts will review all documentation related to birth, pregnancy, and medical treatment for injuries. They will also be in a position to assess the effect of the injuries suffered by the child on their future.

The experts will help the lawyer to determine which medical professionals should be named in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurers asking them to respond to the lawsuit. A reputable birth injury lawyer will know how negotiate with insurance companies, and be prepared to go to trial if needed.

Parents may be entitled for damages for future and past medical expenses related to the injuries suffered by their child. They may also be able to claim damages for suffering and pain. These damages could be substantial in the event that a child's injuries were severe. A skilled birth injury lawyer can maximize the amount of money paid to the parents.

Insurance Companies

While a birth injury lawsuit can't undo the harm that was done to your child, it can be used to pay for future medical expenses, the cost of therapy as well as home modifications and ongoing support. The costs could seem overwhelming at first, but a skilled birth injury lawsuits injury attorney will collaborate with a variety of experts to determine the financial impact of an injury to your family and what amount you are entitled to receive in compensation for these expenses.

The first step in a birth injury claim is to establish that the doctor involved in your case had an established professional relationship with your child and you, and that they breached the relationship by acting negligently before or during the child's birth. This can be easy to prove by obtaining your medical records and hospital bills.

Once this is established after this is established, the lawyer must identify the specific actions taken by the doctor who was negligent and the effect they had on the health of your child. A birth injury attorney will know what to look for and where you can get the medical evidence and expert witness testimony to support your case.

A good birth injury lawyer will deal with the details of your case and will never ask you to pay for justice. They should be willing and able to work on the basis of a contingent fee. This means that they only be paid if they win your case and their fee is a percentage from the settlement or award.