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

Although medical advances make childbirth safer than ever but complications can still occur during and after the birth of the baby. If you suspect that your child suffered from a preventable birth injury, you should contact an experienced birth injury lawyer immediately.

A firm that is specialized in birth injury cases will typically advance all lawsuit expenses and birth injury lawyer only receive payment if they win compensation for your case.

Damages

Although advances in medicine have made childbirth much safer than it was previously however, many mothers and infants are still susceptible to injuries from a variety of reasons. Head trauma and oxygen deprivation are among the most frequent. These injuries can result in permanent and devastation to the body like cerebral palsy. An experienced birth injury lawyer can help families get the compensation they need to pay for lifelong treatment and support.

Your attorney will request all relevant medical records and reports related to your baby's injuries. The attorney will also hire medical experts to examine the evidence and provide an opinion regarding whether the medical personnel involved in the birth of your baby violated the standard of medical care. In the typical scenario, an expert will assess the medical care offered by the defendant with practices that are commonly used by medical experts with similar training and experience.

Damages can be awarded for both economic and non-economic losses. Economic damages are for expenses like future and current medical bills, lost income and property loss. Non-economic damages include emotional distress, pain and suffering. In rare cases the punitive damages might be awarded. They are intended to punish the person who is at fault and discourage similar behavior in future. They differ from compensatory damages that are awarded to recover the actual loss.

Medical Experts

Although medical advances have made childbirth safer than ever, the process still poses a risk for both the mother and the baby. It is the responsibility of doctors and nurses who are involved in the birth to behave in a professional manner, and to avoid mistakes that could have disastrous consequences for both mother and baby's health. Parents can sue for damages if nurses and doctors fail to act professionally during the delivery.

A birth injury attorneys injury lawyer will be in close contact with you throughout the course of your case, beginning from the initial consultation to the final resolution. They will gather evidence from you such as medical records and witness testimony, and also obtain expert opinions from numerous sources including other doctors and specialists.

The experts will examine the evidence and give an official opinion on whether the injuries resulted from negligence on the part of a medical professional. The lawyer will use this to decide on the best way to proceed.

If the medical expert is of the opinion that malpractice was committed the lawyer will file an action against the accountable parties. This includes the obstetrician in charge of your pregnancy, as well as any nurses, surgeons or hospital staff who assisted during the delivery.

The cost of litigation can be quite high due to the many fees like those for documents, expert witnesses, and depositions. Your lawyer will cover these costs, and then reimburse you after they have settled 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, before, during, or shortly following delivery. When reviewing the case, the attorney will consider two things: whether or not there any evidence of medical negligence as well as the severity of the injury.

Often, the attorneys will consult with medical experts in order to determine whether medical malpractice led to the injury. They will review records from the pregnancy, the child's birth and the medical treatment that was received for the injuries later. They will also be able to evaluate the effects of the injuries on the child and the future of the child.

The experts will assist the lawyer to determine which medical professionals should be named in the lawsuit. The lawyer will send a letter to the medical providers and their insurance companies asking them to respond to the lawsuit. A reputable birth injury lawyer will know how to negotiate with the insurance companies and be ready to bring the case to trial should it be necessary.

Parents may be entitled to damages for past and future medical expenses arising from their child's injuries. They may also be able to claim damages for suffering and pain. These damages can be significant, especially if a child's injuries were severe. An experienced birth injury lawyer can maximize the amount of money that is awarded to parents.

Insurance Companies

While a birth injury lawsuit can't undo the harm that was done to your child, it could pay for future medical expenses and the cost of therapy, home modifications, and ongoing support. These costs can seem overwhelming, but an experienced birth injury lawyer will work with a variety of experts to determine the financial effects on your family from the injury you sustained and the amount of compensation you are entitled to.

To make a claim for birth injury, you must first prove that your doctor and your child shared a professional relationship and that they breached that relationship by not acting appropriately prior to or during the time of your child's birth. It is easy to demonstrate this by looking up your hospital bills and medical records.

Once this has been established the lawyer will need to determine what specific actions the doctor took that were negligent and how these affected the health of your child. A birth injury lawyer will know what to look for and where you can get the medical documentation and birth injury lawyer expert witness testimony to support your case.

A reputable birth injury lawyer can handle the entire complexity of your case. They should not require you to pay out of your pocket to seek justice. They should work on a contingency fee basis which means that they be paid if they succeed in winning your case and the amount they get is a percentage of the settlement or award you receive.