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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 safer than ever. If you suspect your child suffered a preventable birth injury, speak to an experienced birth injury attorney right away.

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

Damages

While medical advances have made birthing safer than ever before, many mothers and their infants are at a higher risk of injury due to variety of reasons. The lack of oxygen and head trauma are among the most common. These injuries can cause catastrophic disabilities, such as cerebral palsy. A good birth injury attorney can help families get the compensation they require to cover the cost of lifelong treatment and support.

Your attorney will ask for all medical records and other reports pertaining to the injuries sustained by your baby. The attorney will also hire medical experts to examine the evidence and provide a formal opinion about whether the medical experts involved in the delivery of your baby violated the standard of medical care. In a typical case, an expert will assess the medical care provided by the defendant to methods typically accepted by medical experts who have the same experience and education.

Damages can be awarded for economic and non-economic losses. Economic damages include medical costs, lost income, and property damage. Non-economic damages include emotional distress as well as suffering and pain. In rare cases punitive damages can also be awarded. These are intended to punish the party at fault and deter similar behavior in the future. They differ from compensatory damages that are awarded to recover the actual loss.

Medical Experts

Even though medical advancements have made childbirth safer than ever before, there remain some risks for both mother and baby. It is the responsibility of nurses and doctors who are involved in the delivery to behave in a professional manner and avoid making mistakes that could cause catastrophic harm for the health of both parties. When they fail to act accordingly and birth Injury cause a birth injury parents can seek compensation for their losses.

A birth injury attorney will be in close contact with you for the duration of your case, starting from the initial consultation until the final resolution. They will collect evidence from you like witness testimonies and medical records, and also obtain expert opinions from a variety of sources including other specialists and doctors.

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 was committed the lawyer will bring suit against the parties responsible. This includes the obstetrician who was in charge of your pregnancy as well as any surgeons, nurses or hospital staff who were involved in the delivery.

The cost of litigation can be quite high due to the many fees like those for documents, expert witnesses, and depositions. Your lawyer will pay these costs, and then reimburse you after they have settled your case.

Preparing for the Trial

Generally, a birth injury lawyer is a person who handles cases where the infant was injured due to negligence of a doctor prior to or shortly after delivery. When examining the case, the attorney will consider two aspects: whether there is evidence of medical negligence as well as the severity of the injury.

Attorneys will often consult with medical experts to determine if the injury was caused by medical negligence. These experts will review all records related to the pregnancy, childbirth, and medical treatment for injuries. They will also be able examine the effects of the injuries on the child and his or her future life.

The experts will assist the lawyer identify which medical providers should be named in the lawsuit. The lawyer will write an email to the medical providers and insurers to respond to the complaint. A good birth injury attorney will know how to negotiate with insurance companies and be prepared to make the case go to trial if needed.

Parents may be entitled for damages for past and future medical expenses that result from the injuries of their child. They could also receive damages for pain and suffering. These damages can be substantial particularly if the child's injuries were serious. A good birth injury law firm injury attorney can help maximize the amount of money paid to the parents.

Insurance Companies

While a birth injury lawsuit will not reverse the damage that occurred to your child, it could help pay for future medical expenses, the cost of therapy, birth Injury home modifications, and ongoing support. The costs could seem overwhelming at first, but a good birth injury lawyer will work with a variety of experts to calculate the financial impact of a particular injury on your family and how much you are entitled to receive in compensation for these costs.

The first step in a birth injury lawsuit is to establish that the doctor involved in your case had an established professional relationship with your child and you, and that they violated the trust by committing a breach during or before the child's birth. You can easily demonstrate this by looking up your medical records and hospital bills.

Once this is established, the lawyer needs to identify what specific actions the doctor performed that were negligent and how these impacted the health of your child. A birth injury lawyers injury attorney will know what to look for and how to obtain the medical records and expert witness testimony to establish your case.

A good birth injury attorney can handle the entire complexity of your case. They should never require you to pay out of pocket to pursue justice. They should be willing to work on a contingency fee basis, meaning that they only receive compensation if they prevail in your case. The amount they receive is a percentage of the settlement or award you receive.