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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, complications can still arise after the birth of an infant. If you believe your child suffered an unavoidable birth injury, speak to an experienced birth injury lawyers injury attorney right away.

A firm specializing in birth injuries will typically cover all litigation costs, and only be paid if they obtain settlement in your case.

Damages

While medical advances have made childbirth more secure than it was previously yet many mothers and babies are still at risk for injuries due to a variety of reasons. These include oxygen deprivation, head trauma, and infections. These injuries can lead to permanent and lawyers traumatic disabilities including cerebral palsy. An experienced birth injury lawyer will assist families to receive the compensation they need to cover lifelong medical treatment and support.

Your lawyer will request all medical records and reports that relate to the injuries sustained by your baby. The attorney will also employ medical experts to analyze the evidence and give an opinion regarding whether the medical experts involved in your baby's delivery did not meet the standards of care. In a typical case an expert will compare the medical treatment provided by the defendant to the practices that are commonly used by other medical professionals with similar training and experience.

Damages are awarded for economic and non-economic losses. Economic damages include medical expenses loss of income, property damage. Non-economic damages include emotional distress and suffering and pain. In rare instances the punitive damages might be awarded. They are intended to punish the at-fault party and deter similar behavior in the future. They are distinct from compensatory damages awarded to cover actual losses.

Medical Experts

While medical advances have made childbirth more safe than ever before, there are some risks for both mother and baby. It is the responsibility of doctors and nurses involved in a birth to act professionally and avoid making mistakes that could cause catastrophic harm for the health of both parties. Parents may claim damages if doctors and nurses fail to act professionally during a delivery.

An attorney for birth injuries will be in close contact with you throughout the entire duration of your case from beginning with the initial consultation until final resolution. They will gather evidence from you, like witness testimony and medical records. They will also solicit expert opinions from other sources, including doctors and specialists.

The experts will go over all the evidence and give a formal opinion on whether the injuries are due to medical negligence. This will be utilized by the lawyer to decide on what to do next.

If the medical professional agrees that malpractice was committed and your lawyer files a lawsuit against the guilty parties. This includes the obstetrician who was in charge of your pregnancy, any surgeons, nurses, or hospital personnel who helped during the delivery.

The cost of a lawsuit could be expensive due to the charges for expert witnesses, records and depositions. Your lawyer will cover these costs, and then reimburse you once they settle your case.

Preparing for Trial

A birth injury lawyer will work any case in which the baby suffered injuries as a result of doctor negligence, either prior to or during or shortly after birth. When examining the case, the lawyer will be looking at two things: whether there is evidence of medical negligence and the extent of the injury.

Often, lawyers will consult with medical experts to determine if a medical error caused the injury. The experts will go through all records pertaining to the childbirth, pregnancy and medical treatment for injuries. They will also be able to examine the effects of the injuries on the child and his or her future.

The experts will assist the lawyer in identifying the medical providers to be named as defendants in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurance companies asking them to respond to the claim. A reputable birth injury lawyer will be able to negotiate with the insurance companies and will be prepared to bring the case to trial if needed.

Parents may be entitled to compensation for past and future medical expenses that result from their child's injuries. You may also be entitled to damages for your pain and suffering. These damages could be substantial when the child's injuries were severe. An experienced attorney for birth injuries 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 can help pay for future medical expenses such as therapy, home improvements, and ongoing support. The costs could seem daunting, but a skilled birth injury lawyer will collaborate with a team of experts to assess the financial effects on your family from 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 in your case had an professional relationship with you and your child, and that they violated the relationship by acting negligently prior to or during the birth of your child. You can easily prove this by collecting your medical records and hospital bills.

Once this is established After this is established, the lawyer needs to identify the specific actions performed by the doctor that were negligent and the effect they affected your child's health. A birth injury attorney will know what to look for and where to obtain the medical documentation and expert witness testimony needed to support your case.

A good birth injury attorney 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 able and willing to work on an hourly basis. This means that they'll only be paid if they win your case and their fee is a proportion of the settlement or award.