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

The risk of complications can be present in the course of the birth of a child despite the advancements in medicine that make it safer than ever. If you suspect your child was injured due to a birth injury, consult an experienced birth injury lawyer immediately.

A firm that is specialized in birth injury cases generally will advance all costs associated with a lawsuit and only be paid if they are awarded the case.

Damages

Although medical advances have made childbirth a lot safer than it used to be however, many mothers and infants are still at risk of injuries due to a variety reasons. The lack of oxygen and head trauma are among the most frequent. These injuries can cause catastrophic disabilities such as cerebral palsy. An experienced birth injury lawyer can help families receive the compensation they require to pay for lifelong treatment and support.

Your lawyer will request all pertinent medical records and reports related to your baby's injury. The attorney can employ medical experts who will analyze the evidence and give an official opinion on whether the medical professionals who delivered your baby violated the standard of care. In a typical instance, an expert will evaluate the medical care provided by the defendant with the practices generally accepted by other medical professionals with similar qualifications and experience.

Economic and non-economic damages are able to be awarded. Economic damages cover expenses such as current and future medical bills, lost income and property loss. Non-economic damages may include emotional distress and suffering. In rare instances punitive damages could also be awarded. They are intended to penalize the at-fault party and prevent similar behavior in the future. They are distinct from compensatory damages that are awarded to recover actual loss.

Medical Experts

While advances in medicine have made childbirth safer than ever before, there are certain risks for both mother and baby. It is the responsibility of the nurses and doctors who are involved in the birth to act professionally, and to avoid making mistakes which could result in devastating consequences for both the baby's and mother's health. When they fail to do so and cause birth injuries parents may seek compensation for their losses.

A birth injury lawyer will be in close contact with you throughout the duration of your case, beginning from beginning with the initial consultation until final resolution. They will gather evidence from you, including medical records and witness testimony and will also seek expert opinions from a variety of sources including other specialists and doctors.

These experts will review all the evidence and give an official opinion on whether the injuries were due to medical negligence. The lawyer will use this to determine how to proceed.

If the medical expert agrees that there was a malpractice, your lawyer will file a lawsuit against those responsible parties. This usually includes the obstetrician who was in charge of your pregnancy and delivery as well as any surgeons or nurses who assisted during the birth, as well as the hospital in which the birth took place.

The cost of a lawsuit can be high as a result of the many fees such as those for documents, expert witnesses and depositions. Your lawyer will advance these costs and pay you back once they have won an agreement on your behalf.

Prepare for Trial

In general, a birth injury lawyer is a person who handles cases where the baby suffered injuries due to doctor negligence before, during or shortly after the birth. The lawyer will consider two aspects when evaluating the case: whether there evidence of medical negligence, and the severity of the injury.

Often, lawyers will consult with medical experts in order to determine if medical negligence caused the injury. These experts will carefully review documents from the pregnancy, birth of the child and the medical treatment given to the injuries following. They will also be in a position to determine the effects of the injuries suffered by the child on their future.

The experts will help the lawyer to determine which medical providers should be named in the lawsuit. The lawyer will send a letter to the medical providers and their insurers asking them to respond to the claim. A reputable birth injury lawyer will be able to negotiate with insurance companies and will be prepared to take the case to trial should it be necessary.

Parents could be entitled to damages for future and past medical expenses resulting from the injuries sustained by their child. They may also be awarded damages for suffering and pain. These damages can be substantial when the child's injuries were serious. An experienced birth injury lawyer can help maximize the amount of money paid to the parents.

Insurance Companies

A birth injury lawsuit won't erase the harm done to your child, but it can help pay for future medical costs, therapy, home modifications and ongoing support. These costs may seem overwhelming at first however, a reputable birth injury lawyer will work with multiple experts to determine the financial impact of an accident on your family and what amount you are entitled to be compensated for these expenses.

The first step in a birth injury lawsuit is to prove that the doctor in your case had an established professional relationship with you and your child, and that they breached the trust by committing a breach during or before the child's birth. It is easy to prove this by obtaining your medical records and hospital bills.

Once this has been established the lawyer will have to identify the specific actions the doctor performed that were negligent and how they affected your child's health. A birth injury lawyer will know what to look for and how to obtain the medical evidence and expert witness testimony to establish your case.

A reputable birth injury lawyer can handle the entire complexity of your case and will never require you to come out of pocket to pursue justice. They should be able to work on a contingency fee basis which means that they be paid if they succeed in winning your case and the amount they earn is a percentage of the settlement or award you receive.