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

Complications are still possible during and after the birth of a child, despite medical advances making it safer than ever. If you believe your child suffered an injury during birth that could have been prevented from happening, consult a birth injury lawyer right away.

A firm that specializes in birth injury cases generally advances the entire cost of a lawsuit. They will only get paid when they are awarded the case.

Damages

While medical advances have made childbirth much safer than it used to be, many mothers and babies are still at risk for injuries from a variety of reasons. This includes oxygen deprivation, head trauma and infections. These injuries can cause permanent and traumatic disabilities, including cerebral palsy. An experienced attorney for birth injuries can assist families in obtaining the compensation they need to fund lifelong care and support.

Your attorney will ask for all medical records and other reports pertaining to the injuries suffered by your baby. The attorney will also employ medical experts to review the evidence and provide an official opinion as to whether the medical professionals involved in your baby's delivery breached the standard of care. In a typical situation, an expert will examine the medical care provided by the defendant to methods that are commonly used by medical experts with similar experience and training.

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

Medical Experts

Even though medical advances have made childbirth more secure than ever before, the process still poses a risk for both baby and mother. It is the responsibility of the doctors and nurses who are involved in the delivery to be professional and to avoid mistakes that could have disastrous consequences for both the baby's and mother's health. If they fail to do so and cause birth injuries parents can seek compensation for their losses.

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

The experts will go over all the evidence and give an opinion in writing on whether the injuries are because of medical negligence. This will be utilized by the lawyer to determine what to do next.

If the medical expert is of the opinion that there was a malpractice, your lawyer will file a lawsuit against the guilty parties. This includes the obstetrician in charge of your pregnancy, any surgeons, nurses or hospital personnel who assisted during the birth.

The cost of litigation can be quite high because of the many costs, such as the cost of documents, expert witnesses and depositions. Your lawyer will pay these expenses and then reimburse you once they settle your case.

Prepare for trial

A birth injury lawyer will take on any case where the baby was injured as a result of doctor negligence, before, during, or shortly following delivery. The lawyer will take into consideration two aspects when evaluating the case in determining whether there is evidence of medical negligence and how severe the injury.

Attorneys often consult with medical experts to determine whether the injury was the result of medical malpractice. The experts will carefully examine documents from the pregnancy, birth of the child and the medical treatment received for the injuries afterward. They will also be able to determine the effects of the injuries suffered by the child on his or her future.

The experts will help the lawyer determine which medical providers are to be named as defendants in the lawsuit. The lawyer will write an email asking the medical providers and insurers to respond to the claim. A reputable birth injury lawyer will know how to negotiate with insurance companies and be ready to take the case to trial should it be necessary.

Parents may be entitled to damages for future and past medical costs related to the injuries of their child. You may also be entitled to damages for pain and suffering. These damages can be significant, especially if the child's injuries are severe. An experienced birth injury lawyer will be able to maximize the amount of money awarded to the parents.

Insurance Companies

While a birth injury lawsuit will not reverse the damage that occurred to your child, it may cover future medical expenses as well as the cost of therapy or home modifications as well as ongoing support. The costs could appear overwhelming at first, but a good birth injury lawyer will work with multiple experts to assess the financial impact of a particular accident on your family and the amount you are entitled to be compensated for these costs.

The first step in a birth injury claim is to establish that the doctor who was involved in your case had an professional relationship with your child and you, and that they violated that relationship by acting negligently before or during the birth of your child. It is easy to prove this by obtaining your medical records and hospital bills.

Once this is established after this is established, the lawyer must identify the specific actions performed by the doctor that were negligent and the effect they had on the health of your child. A birth injury lawyer will know what to look for and where to get the medical evidence and expert witness testimony needed to demonstrate your case.

A good birth injury lawyer 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 must be able to work on the basis of a contingent fee. This means that they'll only get paid when they win your case and their fee is a portion of the settlement or award.