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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 advances in medical technology making it more secure than ever. If you believe your child suffered an unavoidable birth injury, contact an experienced birth injury attorney right away.

A firm that is specialized in birth injury cases will generally advance the entire cost of a lawsuit. They will only get paid when they win the case.

Damages

Although medical advances have made childbirth a lot safer than it was previously however, many mothers and infants are still at risk for injuries due to a variety reasons. These include oxygen deprivation head trauma, and infections. These injuries can cause permanent and traumatic disabilities including cerebral palsy. A good birth injury attorney can assist families in obtaining the compensation they need to pay for lifelong treatment and support.

Your attorney will ask for all medical records and reports relevant to the injuries sustained by your baby. The attorney will also engage medical experts to examine the evidence and give an official opinion as to whether the medical experts involved in the delivery of your baby violated the standard of care. In a typical case, an expert will examine the medical care provided by the defendant with the practices commonly accepted by other medical professionals with similar education and experience.

Damages can be awarded for economic and non-economic losses. Economic damages cover expenses like current and future medical bills, lost income and property loss. Non-economic damages include emotional distress and pain and suffering. In rare cases punitive damages could also be awarded. They are intended to punish the responsible party and discourage similar behaviour in the future. They are distinct from compensatory damages, which are awarded to compensate for actual loss.

Medical Experts

Although medical advances have made childbirth more secure than ever, the process still poses a risk for both the mother and the baby. It is the responsibility of doctors and nurses who are involved in the birth to behave professionally and to avoid mistakes which could result in devastating consequences for both baby and mother's health. If they fail to follow through and cause a birth injury parents may seek compensation for their damages.

A birth injury attorney 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 collect evidence from you, like witness testimony and medical records. They will also solicit expert opinions from other sources like doctors and specialists.

These experts will review the evidence and give a formal opinion as to whether the injuries were the result of medical negligence. The lawyer will then use this to decide on the best way to proceed.

If the medical professional believes that a malpractice occurred the lawyer will bring suit against the responsible parties. This includes the obstetrician in charge of your pregnancy, any nurses, surgeons or hospital personnel who were involved in the delivery.

The cost of a lawsuit are high due to the cost for expert witnesses, documents, birth injury and depositions. Your lawyer will pay these costs and reimburse you once they have negotiated an agreement on your behalf.

Prepare for Trial

Generally, a birth injury lawyer takes any case where the infant suffered injuries due to negligence of a doctor prior to, during or shortly after birth. The lawyer will examine two factors when analyzing the case: whether there evidence of medical negligence, and how serious the injury.

Attorneys often consult with medical experts to determine if the injury was caused by medical malpractice. They will review documents from the pregnancy, the child's birth and the medical treatment received for the injuries following. They will also be able to determine the effects of the injuries sustained by the child on his or her future.

The experts will assist the lawyer in identifying which medical professionals are to be named as defendants in the lawsuit. The lawyer will send an inquiry letter to medical providers and insurers to respond to the complaint. 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 for damages for future and past medical expenses that result from the injuries suffered by their child. 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 will be able to maximize the amount of compensation awarded to the parents.

Insurance Companies

While a birth injury lawsuit cannot undo what happened to your child, it could cover future medical expenses for therapy, the cost, home modifications and on-going support. These costs may appear overwhelming at first, but a good birth injury - site, birth injury attorney will collaborate with several experts to assess the financial impact of an injury on your family and what amount you are entitled to be compensated for these costs.

The first step in a birth injury lawsuit is to establish that the doctor who handled your case had an established professional relationship with you and your child and that they violated this relationship by acting negligently either prior to or after the child's birth. This can be simple to prove by obtaining your medical records and hospital bills.

Once this has been established the lawyer will have to determine what specific actions the doctor performed that were negligent and how they impacted your child's health. A birth injury attorney will know what to look for and where to obtain the medical records and expert witness testimony needed to establish your case.

A good birth injury law firm injury attorney will take care of all the complexities of your case. They should never require you to come out of your pocket to seek justice. They should be able to work on a contingent fee basis which means that they receive payment if they win your case and the amount they receive is a percentage of the settlement or award you receive.