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

Although medical advances make births more secure than ever but complications can still occur in the course of birth and after the birth of the baby. If you believe your child suffered an injury during birth that could have been avoided by contacting a birth injury lawyer immediately.

A firm that specializes on birth Injury lawyers injuries will typically pay for all litigation costs and only be compensated if they obtain an award in your case.

Damages

While medical advances have made childbirth a lot safer than it used to be yet many mothers and babies are still at risk for injuries from a variety of reasons. These include oxygen deprivation, head trauma, and infections. These injuries can cause lasting and severe disabilities like cerebral palsy. A skilled birth injury lawyer will assist families to receive the compensation they require to fund lifelong care and support.

Your lawyer will request all medical records and reports related to the injuries sustained by your baby. He or she will also employ medical experts to review the evidence and give an official opinion as to whether the medical professionals involved in the delivery of your baby did not meet the standards of care. In a typical case, an expert will examine the medical care provided by the defendant to the standard practices used by other medical professionals with similar experience and training.

Damages can be awarded for economic and non-economic losses. Economic damages cover expenses such as current and future medical bills, lost income and property losses. Non-economic damages include emotional distress, pain and suffering. In some cases, punitive damages can also be awarded. These are intended to punish the person who is at fault and discourage similar behaviour in the future. They are distinct from compensatory damages that are awarded to cover actual losses.

Medical Experts

Even though medical advances have made childbirth more secure than ever before, the process is not without risk for both the mother and the baby. It is up to the doctors and nurses who are involved in the delivery to act professionally and avoid making mistakes that could result in devastating consequences for the health of both parties. If they fail to do so and cause birth injuries, parents can seek compensation for their losses.

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 gather evidence from you, including witness statements and medical records, and also obtain expert opinions from various sources, including other doctors and specialists.

They will look over the evidence and give a formal opinion as to whether the injuries were the result of medical negligence. The lawyer will use this information to determine the best way to proceed.

If the medical expert is of the opinion that there was a malpractice, your lawyer will file a lawsuit against the guilty parties. This typically includes the obstetrician who was in charge of your pregnancy and delivery as well as any surgeons or nurses who assisted during the delivery and the hospital where the birth took place.

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

Prepare for the trial

A birth injury lawyer will take any case in which the baby suffered injuries due to doctor negligence, whether before or during or shortly following delivery. The lawyer will consider two aspects when analyzing the case to determine if there evidence of medical negligence, and how severe the injury is.

Attorneys often consult medical experts to determine whether the injury was the result of medical malpractice. They will review the records of the pregnancy, the child's birth and the medical treatment given to the injuries later. They will also be able to determine the effects of the injuries suffered by the child on their future.

The experts will assist the lawyer identify which medical professionals should be included in the lawsuit. The lawyer will write a letter asking the medical providers and insurers to respond to the complaint. A reputable birth injury lawyer will know how work with insurance companies and be prepared to take on trial should it be necessary.

Parents may be entitled to damages for future and past medical expenses that result from their child's injuries. You may also be entitled to damages for the pain and suffering you have endured. These damages could be substantial particularly if the child's injuries were severe. A skilled birth injury lawyer can maximize the amount of money given to parents.

Insurance Companies

A birth injury attorneys injury lawsuit can't repair the harm caused to your child but it can cover future medical expenses therapies, home modifications, and ongoing support. These costs may seem daunting, but a skilled birth injury lawyer will collaborate with a variety of experts to determine the financial effects on your family from a specific injury and the amount of compensation you are entitled to.

In order to make a claim for birth injury it is necessary to prove that your doctor and your child have an official relationship and that they breached that relationship by committing a negligent act prior to or during the time of your child's birth. You can easily prove this by obtaining your hospital bills and medical records.

After this is established the lawyer needs to identify the specific actions the doctor performed that were negligent and how they impacted your child's health. A birth injury lawyer will know where to locate the medical documents, expert witness testimony and other evidence that can be used to prove your claim.

A good birth injury lawyer will deal with the details of your case and will never demand you to pay for justice. They should be able and willing to work on the basis of a contingent fee. This means they will only be paid if they win your case, and their fee is a percentage from the settlement or award.