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

While advances in medicine make childbirth more secure than ever before but complications can still occur during and after the birth of a baby. If you believe your child was injured due to a birth injury, contact an experienced birth injury attorney immediately.

A firm that specializes in birth injury cases generally advances the entire cost of a lawsuit. They will only receive payment if they are awarded compensation for your case.

Damages

While medical advances have made childbirth much safer than it used to be however, many mothers and infants are still at risk for injuries resulting from a variety reasons. These include oxygen deprivation head trauma and infections. These injuries can cause permanent and devastation to the body, including cerebral palsy. A good birth injury attorney can help families receive the compensation they require to cover the cost of lifelong treatment and care.

Your lawyer will request all relevant medical records and reports related to the injury your baby sustained. The attorney will also engage medical experts to examine the evidence and provide an official opinion on whether the medical professionals involved in your baby's birth violated the standard of medical care. In a typical case an expert will examine the medical care provided by the defendant to methods generally accepted by medical professionals who have the same experience and education.

Economic and non-economic damages can be awarded. Economic damages are for expenses like future and current medical bills, lost income and property loss. Non-economic damages may include emotional distress, suffering and pain. In rare cases punitive damages could also be awarded. They are designed to punish the person responsible and discourage similar behaviour in the future. These are different from compensatory damages that are awarded to recover actual loss.

Medical Experts

While medical advances have made childbirth more secure than ever, the process remains a risky one for both the mother and the baby. It is the responsibility of nurses and doctors who are involved in the birth to behave in a professional manner, and to avoid making mistakes that can have devastating consequences for both the baby's and mother's health. If they fail to act accordingly and cause a birth injury parents may be able to seek compensation for their damages.

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

These experts will review all the evidence and provide an opinion in writing on whether the injuries are by medical negligence. The lawyer will use this to decide how best to proceed.

If a medical professional confirms that a mistake occurred, your lawyer will bring suit against the responsible parties. This typically includes the obstetrician responsible for your pregnancy and delivery, any nurses or surgeons who assisted in the delivery and the hospital where the birth took place.

The cost of a lawsuit may be high due to the cost for expert witnesses, evidence, and depositions. Your lawyer will advance these expenses and reimburse you once they have won settlement on your behalf.

Prepare for trial

Generally, a birth injury lawyer will take on any case where the baby suffered injuries because of negligence by a doctor before or shortly after delivery. When examining the case, the lawyer will look at two things: whether there are any indications of medical negligence, as well as the extent of the injury.

Attorneys will often consult with medical experts to determine whether the injury was the result of medical malpractice. Experts will examine all documents related to childbirth, pregnancy and medical treatment for injuries. They will also be able to assess the effect of the injuries sustained by the child on 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 then send a letter the medical providers and their insurers asking them to reply to the claim. A good birth injury attorney will know how to negotiate with insurance companies and be ready to make the case go to trial if needed.

Parents may be entitled for damages for past and future medical expenses resulting from the injuries of their child. You could also be entitled to compensation for the pain and suffering you have endured. These damages can be substantial when the child's injuries were serious. A good birth injury attorney can help maximize the amount of compensation that is given to parents.

Insurance Companies

While a birth injury lawsuit will not reverse the damage that occurred to your child, it could pay for future medical expenses and the cost of therapy, home modifications and on-going support. These expenses may seem overwhelming at first, however, a reputable birth injury attorney will collaborate with several experts to assess the financial impact of an injury on your family and how much you're legally entitled to receive compensation for these costs.

The first step in a birth injury claim is to establish that the doctor involved in your case had an established professional relationship with you and your child, and that they breached that relationship by acting negligently prior to or during the child's birth. This can be easy to prove through the collection of your medical documents and hospital bills.

Once this is established After this is established, the lawyer needs to identify the specific actions made by the doctor who were negligent and the impact they had on your child's wellbeing. A birth injury attorney will know what to look for and where to obtain the medical evidence and expert witness testimony needed to establish your case.

A good birth injury attorney can handle the entire complexity of your case and will not require you to pay out of your pocket to seek justice. They should be willing and able to work on a contingent fee basis. This means that they'll only get paid when they win your case, and their fee is a percentage from the settlement or award.