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

Although medical advances make birthing safer than ever before but complications can still occur in the course of birth and after the birth of an infant. If you believe your child suffered an unavoidable birth injury, you should contact an experienced birth injury lawyer right away.

A firm that specializes in birth injury cases generally advances all legal costs and only be paid if they are awarded the case.

Damages

While medical advances made childbirth safer than ever before however, mothers and birth injury Lawyer their infants are still at a high risk of injury due to a number of reasons. Head trauma and oxygen deprivation are among the most frequent. These injuries can result in devastating disabilities like cerebral palsy. An experienced birth injury lawyer can help families receive the compensation they require to fund lifelong care and support.

Your attorney will seek all relevant medical records and reports related to your baby's injury. The attorney can also engage medical experts who will analyze the evidence and give a formal opinion on whether the medical professionals who delivered your baby have violated the standards of care. In a typical instance, an expert will evaluate the medical treatment provided by the defendant to the practices commonly accepted by other medical professionals with similar experience and training.

Damages are awarded for economic and non-economic losses. Economic damages are for expenses such as current and future medical bills, lost income, and property losses. Non-economic damages include emotional distress and pain and suffering. In rare instances, punitive damages may also be awarded. These are intended to punish the person responsible and deter similar behavior in the future. They are distinct from compensatory damages which are awarded to cover actual losses.

Medical Experts

While medical advances have made childbirth safer than ever, the process still involves some risk for mother and baby. It is up to the doctors and nurses who are involved in the delivery to behave professionally and avoid making mistakes that could result in devastating consequences for the health of both parties. Parents may be able to sue for damages if the doctors and nurses do not behave professionally during a delivery.

A birth injury lawyer will be in close contact with you throughout the entire duration of your case, from the initial consultation to the final resolution. They will collect evidence from you, including witness testimonies and medical records and also get expert opinions from many sources, including other doctors and specialists.

They will look over the evidence and offer 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 malpractice was committed the lawyer will file a lawsuit against the accountable parties. This includes the obstetrician who was in charge of your pregnancy, and any surgeons, nurses or hospital personnel who were involved in the delivery.

The cost of a lawsuit can be high because of the many fees such as the cost of records, expert witnesses, and depositions. Your lawyer will cover these expenses, and will reimburse you after they have settled your case.

Prepare for trial

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

In most cases, attorneys consult with medical experts to determine if medical malpractice caused the injury. The experts will go through all records pertaining to the pregnancy, childbirth, and medical treatment for injuries. They will also be able to assess the impact of the injuries on the child and the future of the child.

The experts will assist the lawyer identify which medical professionals should be named in the lawsuit. The lawyer will then send an email to the medical providers and insurers to respond to the complaint. A reputable birth injury lawyer will be able to negotiate with the insurance companies and be ready to bring the case to trial if needed.

Parents could be entitled to compensation for future and past medical expenses related to their child's injuries. You could also be entitled to compensation for your pain and suffering. The amount of damages could be substantial, especially if the child's injuries are severe. An experienced birth injury lawyer will be able to maximize the compensation paid to the parents.

Insurance Companies

A birth injury lawsuit can't undo the damage done to your child, but it could cover future medical costs therapy, home modifications, and ongoing support. The costs could seem overwhelming, birth injury lawyer but an experienced birth injury lawyer will work with a number of experts to determine the financial impact on your family's finances from an injury, and the amount of compensation you are entitled to.

To make a claim for birth injury it is necessary to prove that your doctor and your child have a professional relationship and that they breached that relationship by not acting appropriately prior to or during the birth of your child. This is easy to prove through the collection of your medical records and hospital bills.

After this is established the lawyer needs to identify what specific actions the doctor made that were negligent and how these affected the health of your child. A birth injury lawyer will know what to look for and where you can get the medical records and expert witness testimony to prove your case.

A reputable birth injury lawyer will handle all the complexities of your case and will never ask you to pay out of pocket to pursue justice. They should be able to work on a basis of contingency fees, meaning that they only receive compensation if they prevail in your case. The amount they earn is a portion of the settlement or award you receive.