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

Complications can still occur in the course of the birth of a child, despite medical advances making it more secure than ever. If you suspect that your child suffered from a preventable birth injury, speak to an experienced birth injury attorney right away.

A firm that is specialized in birth injury cases generally will advance all legal costs and only receive payment if they win the case.

Damages

While advances in medicine have made childbirth more secure than it was before but many mothers and their infants are still at a high risk of injury due to a variety reasons. The lack of oxygen and head trauma are among the most common. 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 seek all relevant medical records and reports related to your baby's injury. He or she will also engage medical experts to examine the evidence and provide an opinion regarding whether the medical professionals involved in the birth of your baby violated the standard of care. In a typical case, an expert will examine the medical care offered by the defendant with practices typically accepted by medical experts with similar experience and training.

Economic and non-economic damages are able to be awarded. Economic damages include medical costs as well as lost income and property damage. Non-economic damages include emotional distress and suffering and pain. In rare cases punitive damages are also awarded. They are intended to punish the at-fault party and Birth Injury deter similar conduct in the future. These are different from compensatory damages, birth injury which are awarded to recover the actual loss.

Medical Experts

Although medical advances have made childbirth safer than ever, the procedure still involves some risk for both baby and mother. It is up to the doctors and nurses involved in a birth to behave professionally and avoid mistakes that could have devastating consequences for the health of both parties. When they fail to follow through and cause a birth injury, parents can claim compensation for the damage.

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

These experts will review all the evidence, and provide an official opinion as to whether the injuries occurred by medical negligence. This will be used by the lawyer to determine what to do next.

If the medical professional believes that a malpractice occurred the lawyer will file a suit against the parties responsible. This usually includes the obstetrician who was responsible for the delivery and pregnancy as well as any surgeons or nurses who helped during the delivery as well as the hospital where the birth occurred.

The costs of a lawsuit could be expensive due to the charges for expert witnesses, evidence, and depositions. Your lawyer will pay for these expenses, and reimburse you once they settle your case.

Preparing for trial

Generally, a birth injury lawyer will consider cases where the infant suffered injuries because of negligence by a doctor before, during or shortly after the birth. The lawyer will take into consideration two aspects when analyzing the case to determine if there evidence of medical negligence, and how severe the injury.

Attorneys frequently consult with medical experts to determine whether the injury was the result of medical malpractice. The experts will carefully examine the records of the pregnancy, the child's birth and the medical treatment given to the injuries afterward. They will also be in a position to determine the effects of the injuries suffered by the child on their future.

The experts will help the lawyer determine the medical providers to be named as defendants in the lawsuit. The lawyer will then send a letter the medical providers and their insurance companies asking them to reply to the lawsuit. A good birth injury attorney will know how to negotiate with insurance companies and be ready to make the case go to trial should it be necessary.

Parents may be entitled to damages for past and future medical expenses that result from the injuries sustained by their child. They may also be awarded damages for pain and suffering. These damages can be significant, especially if a child's injuries were serious. A good birth injury attorney can help maximize the amount of compensation that is paid to the 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 or home modifications as well as ongoing support. These expenses may seem overwhelming at first, but a skilled birth injury lawyer will collaborate with several experts to estimate the financial impact of any accident 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 prove that the doctor in your case had an official relationship with you and your child. They must also prove that they violated this relationship by acting negligently prior to or during your child's delivery. You can easily prove this by collecting your medical bills and hospital bills.

Once this is established, the lawyer needs to identify the specific actions the doctor made that were negligent and how they impacted the health of your child. A birth injury attorney will know what to look for and where to get the medical records and expert witness testimony to prove your case.

A good birth injury attorney can handle the entire complexity of your case. They should not require you to pay out of your pocket to seek justice. They should be willing to work on a contingency fee basis, meaning that they only get paid if they win your case. The amount they get is a percentage of the settlement or award you receive.