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

Complications are still possible during and after a child's birth, despite medical advances making it more secure than ever. If you suspect your child suffered from a preventable birth injury, contact an experienced birth injury attorney right away.

A firm that specializes on birth injury cases will usually pay for all litigation costs and only pay when they receive an award in your case.

Damages

While medical advances have made childbirth safer than it used to be, many mothers and babies are still at risk of injuries due to a variety of reasons. The lack of oxygen and Lawyers head trauma are among the most common. These injuries can lead to permanent and devastation to the body such as cerebral palsy. An experienced birth injury lawyer can assist families in obtaining the compensation they need to fund lifelong care and support.

Your attorney will seek all relevant medical records and reports relating to the injury your baby sustained. He or she may also hire medical experts who will review the evidence and provide an opinion in writing on whether the medical professionals who delivered your baby did not follow the standard care. In the typical scenario, an expert will assess the medical care provided by the defendant to methods that are commonly used by medical professionals with similar training and experience.

Non-economic and economic damages can be awarded. Economic damages are for expenses like current and future medical bills, lost income and property losses. Non-economic damages can include emotional distress as well as pain and suffering. In rare cases punitive damages are also awarded. These are designed to punish the party responsible and discourage similar conduct in the future. These are separate from the compensatory damages that are awarded to cover actual losses.

Medical Experts

While medical advances have made childbirth safer than ever before, there are certain risks for both mother and baby. It is the responsibility of the nurses and doctors involved in the delivery to behave in a professional manner, and to avoid mistakes that can have devastating consequences for both the baby and mother's health. When they fail to do so and cause birth injuries, parents can claim compensation for the damage.

A birth injury lawyer will be in close contact with you throughout the entire duration of your case from beginning with the initial consultation until final resolution. They will gather evidence from you such as medical records and witness testimonies as well as seek expert opinions from various sources, including other specialists and doctors.

They will look over all the evidence, and provide a formal opinion on whether the injuries occurred because of medical negligence. The lawyer will use this to decide on the best way to proceed.

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

Lawsuits can be expensive due to the numerous fees, including those for documents, expert witnesses, and depositions. Your lawyer will pay these expenses and then reimburse you once they settle your case.

Preparing for trial

In general, a birth injury lawyer will consider any case in which the infant suffered injuries caused by negligence of a doctor prior, during or shortly after delivery. In analyzing the case the lawyer will take into consideration two things: whether or not there any evidence of medical negligence as well as the extent of the injury.

Often, lawyers will consult with medical experts to determine if medical negligence led to the injury. These experts will review all documents related to pregnancy, childbirth, and medical treatment for injuries. They will also be able to evaluate the effects of the injuries on the child as well as their future.

The experts will assist the lawyer in identifying the medical providers who will be named as defendants in the lawsuit. The lawyer will send an email asking the medical providers and insurers to respond to the complaint. A reputable attorney for birth injuries will be able to negotiate with the insurance companies and will be prepared to go to trial should it be necessary.

Parents may be entitled to damages for past and future medical expenses related to the injuries of their child. You could also be entitled to compensation for the pain and suffering you have endured. These damages could be substantial particularly if the child's injuries were serious. An experienced birth injury lawyer will be able to maximize the amount of compensation that is paid to the 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 or home modifications as well as ongoing support. The costs could seem daunting, but a skilled birth injury lawyer will work with a team of experts to assess the financial impact on your family of the injury you sustained and the amount of compensation you are entitled to.

In order to submit a claim for birth injuries you must first establish that your doctor and your child had an professional relationship, and that they breached that relationship by committing a negligent act prior to or during your child's birth. It is easy to prove this by collecting your medical bills and hospital bills.

Once this is established after this is established, the lawyer must identify the specific actions made by the doctor who was negligent and the impact they had on the health of your child. A birth injury lawyer will know where to find the medical records as well as expert witness testimony and other evidence needed to prove your claim.

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