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

The risk of complications can be present during and after the birth injury law firm of a baby, despite medical advances making it more secure than ever. If you suspect your child was injured due to a birth injury, speak to an experienced birth injury attorney immediately.

A firm that specializes in birth injury cases will typically advance all costs associated with a lawsuit and only get paid when they receive compensation for your case.

Damages

Although medical advances have made childbirth safer than it was previously but many mothers and their babies are still at risk of injuries from a variety of reasons. Oxygen deprivation and Birth injury head trauma are among the most frequent. These injuries can cause permanent and traumatic disabilities including cerebral palsy. A good birth injury attorney can help families get the compensation they require to cover lifelong medical treatment and support.

Your lawyer will request all relevant medical records and reports relating to the baby's injury. They will also employ medical experts to examine the evidence and provide an official opinion as to whether the medical experts involved in the birth of your baby breached the standard of care. In a typical case, an expert will assess the medical treatment offered by the defendant with the practices commonly accepted by other medical professionals with similar qualifications and experience.

Economic and non-economic damages are able to be awarded. Economic damages include medical costs, lost income and property damage. Non-economic damages include emotional distress and suffering and pain. In rare instances, punitive damages may also be awarded. They are intended to penalize the at-fault party and prevent similar conduct in the future. They are different 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 mother and baby. It is the responsibility of doctors and nurses involved in a birth to be professional and avoid making mistakes that could cause catastrophic harm for the health of both parties. If they fail to do so and cause a birth injury parents may be able to claim compensation for their injuries.

A birth injury attorney will be in close contact with you throughout the duration of your case, starting from the initial consultation until the final resolution. They will gather evidence from you, including witness testimony and medical records. They will also obtain expert opinions from other sources including doctors and specialists.

They will look over all evidence and provide an official opinion on whether the injuries were caused because of medical negligence. This will be utilized by the lawyer to decide on the best way to proceed.

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

The costs of a lawsuit could be expensive due to the charges for expert witnesses, documents, and depositions. Your lawyer will pay for these expenses and then reimburse you after they have settled your case.

Preparing for a trial

Generally, a birth injury lawyer takes any case where the infant was injured caused by negligence of a doctor prior or shortly after birth. When reviewing the case the attorney will consider two things: whether there are any indications of medical negligence, as well as the severity of the injury.

Attorneys often consult with medical experts to determine whether the injury was the result of medical negligence. Experts will carefully review the records of 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 in determining which medical professionals are to be named as defendants in the lawsuit. The lawyer will write an inquiry letter to medical providers and insurers to respond to the complaint. A good birth injury attorney will be able to negotiate with insurance companies and will be ready to take the case to trial if needed.

Parents could be entitled to damages for future and past medical costs related to the injuries suffered by their child. They could also be awarded damages for pain and suffering. The amount of damages could be substantial, especially if the child's injuries are serious. A good birth injury attorney can maximize the compensation given to parents.

Insurance Companies

While a birth injury lawsuit can't undo the harm that was done to your child, it can pay for future medical expenses, the cost of therapy as well as home modifications and ongoing support. These costs might seem overwhelming at first but a good birth injury lawyer will collaborate with several experts to determine the financial impact of a specific injury to your family and how much you're entitled to compensation for these costs.

The first step in a birth injury claim is to prove that the doctor in your case had an official relationship with you and your child and that they breached the trust by committing a breach either prior to or after the birth of your child. This may be easy to prove through the collection of your medical documents and hospital bills.

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

A good birth injury attorney can handle the entire complexity of your case and will never ask you to pay out of pocket to pursue justice. They should work on a contingency basis which means that they only get paid if they win your case and the amount they receive is a percentage of the settlement or award you receive.