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

While advances in medicine make birthing safer than ever before, complications can still arise following the birth of a baby. If you suspect your child suffered an unavoidable birth injury, consult an experienced birth injury attorney right away.

A firm that specializes in birth injury cases generally advances all lawsuit expenses and only receive payment if they receive compensation for your case.

Damages

While medical advances have made childbirth more secure than it was before but many mothers and their infants are still at a high risk of injury for a variety reasons. Oxygen deprivation and head trauma are among the most frequent. These injuries can cause catastrophic disabilities, such as cerebral palsy. A good birth injury attorney can help families receive the compensation they need to pay for lifelong treatment and care.

Your lawyer will request all pertinent medical records and reports related to the baby's injury. They will also engage medical experts to analyze the evidence and give a formal opinion about whether the medical professionals involved in your baby's birth did not meet the standards of care. In a typical case an expert will examine the medical treatment provided by the defendant with the practices generally accepted by other medical professionals who have similar education and experience.

Economic and non-economic damages are able to be awarded. Economic damages can cover expenses like current and future medical bills, lost income and property loss. Non-economic damages could include emotional distress, pain and suffering. In rare cases, punitive damages may also be awarded. They are intended to punish the at-fault party and deter similar conduct in the future. They are separate from compensatory damages that are given to compensate for actual losses.

Medical Experts

Even though medical advances have made childbirth safer than ever, the process remains a risky one for both mother and child. It is the responsibility of doctors and nurses who are involved in the delivery to behave in a professional manner, and to avoid mistakes that could have disastrous consequences for both the baby and mother's health. When they fail to do this and cause a birth injury, parents can seek compensation for their damages.

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

The experts will analyze the evidence and offer a formal opinion as to whether the injuries were caused by medical negligence. This will be used by the lawyer to decide what to do next.

If the medical expert agrees that there was a malpractice and your lawyer files a lawsuit against the guilty parties. This typically consists of the obstetrician who was responsible for your pregnancy and delivery as well as any surgeons or nurses who assisted in the delivery as well as the hospital where the birth took place.

The costs of a lawsuit are high due to the costs for expert witnesses, records and depositions. Your lawyer will pay for these costs, and then reimburse you once they have settled your case.

Prepare for Trial

Generally, a birth injury law firms injury lawyer will consider every case where the infant suffered injuries caused by negligence of a doctor prior, during or shortly after the birth. When examining the case, the lawyer will be looking at two things: whether or not there are any indications of medical negligence, as well as the severity of the injury.

Attorneys frequently consult with medical experts to determine whether the injury was the result of medical malpractice. Experts will carefully review records from the pregnancy, birth of the child and the medical treatment for the injuries later. They will also be able to examine the effects of the injuries on the child and their future.

The experts will aid the lawyer in determining which medical providers are to be named as defendants in the lawsuit. The lawyer will send an email to the medical providers and insurers to respond to the claim. A good birth injury attorney will know how to negotiate with insurance companies and will be ready to make the case go to trial should it be necessary.

Parents may be entitled to damages for past and future medical costs related to the injuries sustained by their child. They may also be able to claim damages for their pain and suffering. These damages can be significant, especially if a child's injuries were severe. A good birth injury lawsuits injury attorney can help maximize the compensation that is awarded to parents.

Insurance Companies

While a birth injury lawsuit cannot undo what happened 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 skilled birth injury lawyer will work with a variety of experts to calculate the financial impact of a particular injury on your family and how much you're entitled to receive in compensation for these expenses.

The first step in a birth injury lawsuit is to establish that the doctor in your case had a professional relationship with your child and you, and birth injury that they breached that relationship by acting negligently during or before the birth of your child. It is easy to demonstrate this by looking up your medical records and hospital bills.

After this is established the lawyer needs to identify the specific actions the doctor took that were negligent and how these affected the health of your child. A birth injury attorney will know what to look for and how to obtain the medical evidence and expert witness testimony needed to establish your case.

A good birth injury attorney will take care of the many complexities of your case. They will never require you to come out of your pocket to seek justice. They should be willing to work on a contingency basis which means that they receive payment if they win your case and the amount they get is a percentage of the settlement or award you receive.