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

Complications can still occur in the course of a child's birth despite advancements in medical technology making it safer than ever. If you believe your child suffered from a preventable birth injury, contact an experienced birth injury lawyer right away.

A firm that is specialized in birth injury cases generally will advance all lawsuit expenses and only receive payment if they win the case.

Damages

While advances in medicine have made birthing safer than ever before however, mothers and their babies are still at high risk of injury for a variety of reasons. The lack of oxygen and head trauma are among the most frequent. These injuries can cause permanent and traumatic disabilities including cerebral palsy. An experienced birth injury lawyer can assist families in obtaining the compensation they require to pay for lifelong treatment and care.

Your attorney will request all relevant medical records and reports related to your baby's injury. He or she may also hire medical experts to analyze the evidence and give an opinion in writing on whether the medical professionals who delivered your baby violated the standards of care. In a typical instance, an expert will examine the medical treatment provided by the defendant with the practices that are commonly used by other medical professionals who have similar education and experience.

Economic and non-economic damages may be awarded. Economic damages include medical expenses, lost income and property damage. Non-economic damages can include emotional distress and suffering. In rare instances punitive damages can also be awarded. These are designed to punish the party responsible and discourage similar behavior in the future. They are separate from compensatory damages awarded to recover actual losses.

Medical Experts

Although advances in medicine have made childbirth safer than ever before, the process still involves some risk for both baby and mother. It is the responsibility of the doctors and nurses who are involved in the delivery to act professionally, and to avoid making mistakes that can have devastating consequences for both mother and baby's health. If they fail to do so and cause a birth injury parents may be able to claim compensation for their injuries.

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

They will look over the evidence and offer an official opinion on whether the injuries were the result of medical negligence. This will be utilized by the lawyer to decide on what to do next.

If the medical expert is of the opinion that malpractice was committed and your lawyer files a lawsuit against the responsible parties. This includes the obstetrician in charge of your pregnancy, any surgeons, nurses, or hospital personnel who helped during the delivery.

The cost of a lawsuit may be high due to the cost for expert witnesses, documents, 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 on any case where the baby was injured due to doctor negligence, either prior to, during, or shortly after delivery. The lawyer will take into consideration two things when reviewing the case to determine if there is evidence of medical negligence, and how severe the injury is.

Attorneys often consult with medical experts to determine if the injury was the result of medical malpractice. These experts will carefully review documents from the pregnancy, birth of the child and the medical treatment that was received for the injuries later. They will also be able to assess the effect of the injuries sustained by the child on their future.

The experts will help the lawyer determine the medical providers to be named as defendants in the lawsuit. The lawyer will send an email asking the medical providers and insurers to respond to the complaint. A reputable birth injury lawyer will know how to negotiate with insurance companies and will be prepared to bring the case to trial if needed.

Parents may be entitled for damages for future and past medical expenses that result from the injuries sustained by their child. They may also be awarded damages for suffering and pain. These damages can be substantial, especially if a child's injuries were severe. An experienced birth injury lawyer will be able to maximize the compensation that is awarded to parents.

Insurance Companies

A birth injury lawsuit won't reverse the harm done to your child, but it can cover future medical expenses such as therapy, home improvements, and ongoing support. These expenses may seem overwhelming, but a knowledgeable birth injury lawyer will collaborate with several experts to determine the financial effects on your family from the injury you sustained and the amount of compensation you are entitled to.

In order to claim a birth injuries, you must first prove that your doctor and your child have a professional relationship and that he or she breached this relationship by not acting appropriately prior to or during your child's birth. This may be easy to prove through the collection of your medical documents and hospital bills.

Once this is 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 where to get the medical documentation and expert witness testimony to support your case.

A reputable birth injury lawyer can handle the entire complexity of your case and should never require you to come out of your pocket to seek justice. They should work on a contingency basis which means that they only receive payment if they win your case. The amount they earn is a percentage of the settlement or award you receive.