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

While advances in medicine make birthing safer than ever before but complications can still occur after the birth of a baby. If you believe your child suffered from a preventable birth injury, you should contact an experienced birth injury attorney immediately.

A firm that is specialized in cases involving birth injuries will typically advance all costs associated with a lawsuit and only get paid when they are awarded compensation for your case.

Damages

While medical advances have made childbirth safer than ever before but many mothers and their babies are still at high danger of injury due number of reasons. These include oxygen deprivation head trauma, and infections. These injuries can cause devastating disabilities like cerebral palsy. An experienced birth injury lawyer can assist families in obtaining the compensation they need to fund lifelong care and support.

Your lawyer will request all medical records and reports related to the injury of your baby. The attorney can also employ medical experts to analyze the evidence and give a formal opinion on whether the medical professionals who delivered your baby violated the standards of care. In a typical case, an expert will compare the medical treatment offered by the defendant with the standard practices used by other medical professionals with similar education and experience.

Damages are awarded for economic and non-economic losses. Economic damages may include medical expenses, lost income and property damage. Non-economic damages include emotional distress and suffering and pain. In rare cases punitive damages may also be awarded. They are designed to punish the responsible party and deter similar behavior in the future. These are separate from the compensatory damages that are given to compensate for actual losses.

Medical Experts

Although advances in medicine have made childbirth more safe than ever before, there remain some risks for both mother and baby. It is the responsibility of nurses and doctors involved in a birth to behave professionally and avoid making mistakes that could cause catastrophic harm for the health of both parties. Parents may seek damages if nurses and doctors are not professional during a delivery.

A birth injury attorney will work closely with you throughout the entire duration of your case, starting from the initial consultation to the final resolution. They will collect evidence from you, like witness testimony and medical records. They will also obtain expert opinions from other sources including doctors and specialists.

The experts will analyze the evidence and offer a formal opinion as to whether the injuries resulted from medical negligence. The lawyer will use this to decide how best to proceed.

If a medical professional confirms that a mistake was committed the lawyer will file a suit against the accountable parties. This includes the obstetrician in charge of your pregnancy, as well as any nurses, surgeons, or hospital personnel who helped during the delivery.

The costs of a lawsuit are high due to the fees for expert witnesses, evidence, and depositions. Your lawyer will cover these costs and then reimburse you once they have negotiated an agreement on your behalf.

Preparing for a trial

Typically, a birth injury lawyer is a person who handles any case where the infant suffered injuries due to negligence of a doctor prior to, during or shortly after birth. The lawyer will consider two aspects when evaluating the case whether there evidence of medical negligence, and how severe the injury.

Attorneys often consult medical experts to determine whether the injury was the result of medical negligence. The experts will carefully examine the records of the pregnancy, the child's birth injury lawyers and the medical treatment that was received for the injuries later. They will also be in a position to determine the effects of the injuries sustained by the child on their future.

The experts will help the lawyer determine which medical providers should be named in the lawsuit. The lawyer will then send an inquiry letter to medical providers and insurers to respond to the complaint. A good birth injury attorney will be able to negotiate with insurance companies and be prepared to take the case to trial if necessary.

Parents may be entitled to compensation for past and future medical expenses arising from their child's injuries. You may also receive damages for pain and suffering. These damages can be substantial particularly if the child's injuries were severe. A skilled birth injury lawyer will be able to maximize the amount of compensation that is that is awarded to parents.

Insurance Companies

While a birth injury lawsuit will not reverse the damage that occurred to your child, it can cover future medical expenses for therapy, the cost, home modifications, and ongoing support. These expenses may seem overwhelming, but a knowledgeable birth injury lawyer will work with several experts to determine the financial impact on your family of an injury, and how much compensation you are entitled to.

In order to claim a birth injury, you must first prove that your doctor and your child shared an established professional relationship and they breached that relationship by not acting appropriately prior to or during your child's birth. It is easy to establish this by obtaining your medical records and hospital bills.

Once this is established, the lawyer needs to determine the specific actions that the doctor made that were negligent and how they affected the health of your child. A birth injury lawyer will know what to look for and how to obtain the medical records and expert witness testimony needed to demonstrate your case.

A good birth injury lawyer will deal with the many complexities of your case and never ask you to pay for justice. They should work on a contingency fee basis which means that they get paid if they win your case. The amount they get is a percentage of the settlement or award you receive.