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

There are still complications that can occur in the course of the birth of a baby, despite medical advances making it more secure than ever. If you suspect your child suffered a preventable birth injury, contact an experienced birth injury lawyer right away.

A firm that is specialized in birth injury cases will generally advance all legal costs and only get paid when they are awarded the case.

Damages

While advances in medicine have made birthing safer than ever before, many mothers and their infants are still at a high risk of injury for a variety of reasons. Head trauma and oxygen deprivation are among the most frequent. These injuries can cause devastating disabilities like cerebral palsy. An experienced birth injury lawyer will assist families to receive the compensation they require to pay for lifelong treatment and care.

Your attorney will request all pertinent medical records and reports relating to your baby's injury. He or she will also employ medical experts to analyze the evidence and provide an official opinion as to whether the medical personnel involved in the birth of your baby breached the standard of care. In a typical case an expert will compare medical care provided by the defendant to methods that are commonly used by medical professionals with similar experience and training.

Damages can be awarded for both economic and non-economic losses. Economic damages cover costs such as current and future medical bills, lost income, and property losses. Non-economic damages include emotional distress as well as suffering and pain. In rare cases punitive damages are also awarded. They are designed to punish the responsible party and discourage similar behavior in future. These are different from compensatory damages that are awarded to recover actual loss.

Medical Experts

Although medical advances have made childbirth more secure than ever before, the process is not without risk for both mother and child. It is the responsibility of the doctors and nurses who are involved in the birth to behave in a professional manner, and to avoid mistakes that could cause devastating harm for both mother and baby's health. Parents can be able to sue for damages if the nurses and doctors fail to behave appropriately during the delivery.

A birth injury lawyer will work closely with you throughout the course of your case, from the initial consultation until the final resolution. They will collect evidence from you like witness statements and medical records and will also seek expert opinions from various sources, including other specialists and doctors.

The experts will go over all the evidence and give a formal opinion on whether the injuries are by medical negligence. The lawyer will then use this to decide on the best way to proceed.

If a medical professional is of the opinion that there was a malpractice, your lawyer will file a lawsuit against those responsible parties. This includes the obstetrician in charge of your pregnancy, as well as any nurses, surgeons, or birth Injury lawyer hospital personnel who assisted during the birth.

Lawsuits can be expensive due to the many fees like the cost of documents, expert witnesses, and depositions. Your lawyer will advance these expenses and then reimburse you when they have won a settlement on your behalf.

Prepare for the trial

A birth injury lawyer will take on any case in which the baby was injured due to a doctor's negligence, prior to, during, or shortly following delivery. The attorney will look at two things when reviewing the case: whether there evidence of medical negligence and how serious the injury.

Often, attorneys consult with medical experts to determine if a medical error caused the injury. These experts will review all records pertaining to the childbirth, 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 his or her future.

The experts will aid the lawyer in determining which medical providers are to be named as defendants in the lawsuit. The lawyer will then send a letter to the medical providers and their insurers asking them to respond to the lawsuit. A reputable birth injury lawyer will know how to negotiate with insurance companies and will be ready to make the case go to trial if necessary.

Parents may be entitled for damages for past and future medical expenses that result from the injuries sustained by their child. They could also receive damages for pain and suffering. The amount of damages could be substantial, especially if the child's injuries are severe. An experienced birth injury lawyer will be able to maximize the compensation paid to the parents.

Insurance Companies

Although a lawsuit for birth injuries can't reverse the harm done to your child, it may be used to pay for future medical expenses for therapy, the cost, home modifications and on-going support. The costs could seem overwhelming, but a knowledgeable birth injury lawyer will collaborate with several experts to determine the financial impact on your family's finances from an injury that you suffered and how much compensation you are entitled to.

To file a claim for birth injury first, you must prove that your doctor and your child have a professional relationship and that they violated this relationship by committing a negligent act prior to or during the time of your child's birth. This may be easy to prove by obtaining your medical documents and hospital bills.

Once this is established, the lawyer will have to determine what specific actions the doctor made that were negligent and how they impacted your child's health. A birth injury lawyer will know what to look for and where you can get the medical records and expert witness testimony to demonstrate your case.

A reputable birth injury lawyer will take care of the many complexities of your case. They will never ask you to pay out of pocket to pursue justice. They must be able to work on the basis of a contingent fee. This means that they will only be paid if they win your case and their fee is a percentage from the settlement or award.