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

Although advances in medicine make childbirth safer than ever but complications can still occur during and after the birth of a baby. If you believe your child suffered an injury to their birth that could have been prevented by contacting a birth injury lawyer immediately.

A firm that specializes in cases involving birth injuries generally advances all costs associated with a lawsuit and only get paid when they receive compensation for your 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 resulting from a variety reasons. These include oxygen deprivation head trauma, and infections. These injuries can cause catastrophic disabilities like cerebral palsy. A skilled lawyer for birth injuries will help families obtain compensation for the lifetime treatment and care they need.

Your attorney will ask for all medical records and other reports pertaining to the injuries sustained by your baby. They will also engage medical experts to examine the evidence and provide an official opinion on whether the medical personnel involved in your baby's birth violated the standard of care. In the typical scenario, an expert will evaluate the medical treatment provided by the defendant to practices that are commonly used by medical professionals with similar training and experience.

Damages can be awarded for both economic and non-economic losses. Economic damages can cover expenses including future and present medical bills, lost income and property losses. Non-economic damages may include emotional distress and suffering and pain. In rare instances punitive damages can also be awarded. These are designed to punish the at-fault party and prevent similar behavior in the future. They differ from compensatory damages which are awarded to recover actual losses.

Medical Experts

While advances in medicine have made childbirth more safe than ever before, there are still certain risks for both mother and baby. It is the responsibility of doctors and nurses who are involved in the birth to behave in a professional manner, and to avoid making mistakes that could have disastrous consequences for both mother and baby's health. Parents may claim damages if doctors and nurses are not professional during a delivery.

An attorney for birth injuries will work closely with you throughout the course of your case from the initial consultation through to the final resolution. They will gather evidence from you, such as witness testimonies and medical records, and also obtain expert opinions from a variety of sources including other specialists and doctors.

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

If the medical expert agrees with you that malpractice was committed your lawyer will bring suit against the responsible parties. This includes the obstetrician who was in charge of your pregnancy as well as any surgeons, nurses or hospital personnel who helped during the delivery.

The cost of a lawsuit can be high because of the many costs, such as those for documents, expert witnesses, and depositions. Your lawyer will pay these expenses, and reimburse you once they have settled your case.

Preparing for a trial

A birth injury lawyer will take on any case in which the baby suffered injuries due to doctor negligence, whether before or during or shortly after the birth. The lawyer will examine two factors when analyzing the case in determining whether there is evidence of medical negligence and the severity of the injury.

Attorneys often consult with medical experts to determine if the injury was caused by medical malpractice. These experts will carefully review the records of the pregnancy, birth of the child and the medical treatment given to the injuries later. They will also be able to assess the impact of the injuries on the child as well as his or her future.

The experts will assist the lawyer to determine which medical professionals should be named in the lawsuit. The lawyer will issue an email asking the medical providers and insurers to respond to the claim. A reputable birth injury lawyer will know how deal with insurance companies and be ready to go to trial if required.

Parents may be entitled to compensation for future and past medical expenses resulting from the injuries sustained by their child. Additionally, you could be awarded damages for pain and suffering. These damages can be significant when the child's injuries were serious. A good birth injury lawyer can maximize the amount of compensation paid to parents.

Insurance Companies

Although a lawsuit for birth injuries cannot undo what happened to your child, it can help pay for future medical expenses, the cost of therapy, home modifications and on-going support. These expenses may seem overwhelming, but a seasoned birth injury lawyer will work with a variety of experts to determine the financial effects on your family from a specific injury and the amount of compensation you are entitled to.

The first step in a birth injury lawsuit is to prove that the doctor who was involved in your case had an official relationship with you and your child and that they violated that relationship by acting negligently prior to or during the birth of your child. It is easy to demonstrate this by looking up your hospital bills and medical records.

After this is established the lawyer needs to identify what specific actions the doctor performed that were negligent and how they impacted the health of your child. A birth injury lawyer will know where to get the medical evidence or expert witness testimony, as well as other evidence necessary to prove your claim.

A good birth injury lawyer will handle all the complexities of your case. They will never require you to pay out of your pocket to seek justice. They must be able to work on the basis of a contingent fee. This means that they only get paid when they win your case and their fee is a percentage of the settlement or award.