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

Although advances in medicine have made births more secure than ever, complications can still arise after the birth of a baby. If you believe your child suffered injuries to the birth that could have been prevented by contacting a birth injury lawyer immediately.

A firm that focuses on birth injury law firm injury cases will usually pay for all litigation costs and only pay when they are successful in winning settlement in your case.

Damages

Although advances in medicine have made childbirth much safer than it was previously however, many mothers and birth Injury Lawyers infants are still at risk for injuries resulting from a variety reasons. These include oxygen deprivation head trauma and infections. These injuries can cause catastrophic disabilities such as cerebral palsy. A skilled birth injury lawyer can assist families to receive compensation for the ongoing treatment and medical care they require.

Your lawyer will ask for all relevant medical records and reports related to your baby's injury. He or she may also hire medical experts who will analyze the evidence and provide a formal opinion on whether the medical professionals who delivered your baby did not follow the standard of care. In a typical situation, an expert will evaluate the medical treatment offered by the defendant with practices that are commonly used by medical professionals who have the same experience and education.

Economic and non-economic damages may be awarded. Economic damages can cover expenses including future and present medical bills, lost income and property losses. Non-economic damages could include emotional distress as well as suffering and pain. In rare instances, punitive damages may also be awarded. They are intended to punish the party responsible and discourage similar behavior in the future. They are distinct from compensatory damages, which are awarded to compensate for actual losses.

Medical Experts

While advances in medicine have made childbirth safer than ever before, there remain some risks for both the mother and baby. It is up to the doctors and nurses involved in the birth process to behave professionally and avoid making mistakes that could have devastating consequences for the health of both parties. When they fail to act accordingly and cause a birth injury parents can claim compensation for their injuries.

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

The experts will analyze the evidence and offer a formal opinion as to whether the injuries resulted from negligence on the part of a medical professional. This will be utilized by the lawyer to decide how to proceed.

If the medical professional agrees that there was a malpractice, your lawyer will file a lawsuit against the responsible parties. This usually includes the obstetrician responsible for your pregnancy and delivery and any nurses or surgeons who assisted during the delivery, as well as the hospital where the birth occurred.

The cost of a lawsuit are expensive due to the charges for expert witnesses, records, and depositions. Your lawyer will advance these costs and reimburse you once they have won settlement on your behalf.

Prepare for trial

Generally, a birth injury lawyer is a person who handles every case where the baby suffered injuries because of negligence by a doctor before, during or shortly after delivery. The attorney will look at two factors when analyzing the case to determine if there is evidence of medical negligence and how severe the injury.

Often, the attorneys will consult with medical experts to determine if a medical error led to the injury. Experts will examine all records related to the birth, pregnancy, and medical treatment for injuries. They will also be able to assess the effects of the injuries suffered by the child on his or her future.

The experts will assist the lawyer decide which medical providers should be included in the lawsuit. The lawyer will send a letter to the medical providers and their insurers asking them to respond to the claim. A reputable birth injury lawyer will know how to deal with insurance companies and be ready to take on trial if required.

Parents could be entitled to damages for future and past medical expenses related to their child's injuries. They may also be awarded damages for suffering and pain. These damages can be significant particularly if the child's injuries are serious. A good birth injury attorney can maximize the amount of compensation awarded to the parents.

Insurance Companies

While a birth injury lawsuit can't undo the harm that was done to your child, it may be used to pay for future medical expenses and the cost of therapy or home modifications as well as ongoing support. These costs may seem overwhelming at first, but a good birth injury attorney will collaborate with a variety of experts to estimate the financial impact of an injury on your family and what amount you are legally entitled to receive compensation for these expenses.

The first step in a birth injury claim is to establish that the doctor in your case had an professional relationship with you and your child and that they breached that relationship by acting negligently either prior to or after the birth of your child. This may be easy to prove by obtaining your medical documents and hospital bills.

Once this has been established the lawyer will need to determine the specific actions that the doctor took that were negligent and how they impacted the health of your child. A Birth injury lawyers injury lawyer will know what to look for and how to obtain the medical records and expert witness testimony to prove your case.

A good birth injury lawyer will handle the details of your case and never require you to pay for justice. They should be able to work on a contingent fee basis, meaning that they only be paid if they succeed in winning your case. The amount they get is a percentage of the settlement or award you receive.