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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 however, complications can still happen in the course of birth injuries and after the birth of a baby. If you suspect that your child suffered from a preventable birth injury, you should contact an experienced birth injury attorneys injury attorney immediately.

A firm that is specialized in birth injury cases generally will advance the entire cost of a lawsuit. They will only get paid when they receive compensation for your case.

Damages

Although medical advances have made childbirth much safer than it was previously yet many mothers and babies are still at risk for injuries due to a variety of reasons. These include oxygen deprivation, head trauma and infections. These injuries can lead to devastating disabilities such as cerebral palsy. A good birth injury attorney can help families get the compensation they need to pay for lifelong treatment and support.

Your lawyer will seek all relevant medical records and reports related to the baby's injury. He or she will also engage medical experts to examine the evidence and provide a formal opinion about whether the medical personnel involved in your baby's birth did not meet the standards of care. In a typical case an expert will examine the medical care provided by defendant to practices typically accepted by medical professionals with similar experience and qualifications.

Damages are awarded for economic and non-economic losses. Economic damages include medical expenses as well as lost income and property damage. Non-economic damages may include emotional distress as well as suffering and pain. In rare cases, punitive damages may also be awarded. These are designed to punish the at-fault party and prevent similar conduct 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 safer than ever, the process is not without risk for mother and baby. It is the responsibility of nurses and doctors involved in the birth to act professionally, and to avoid 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 can claim compensation for their injuries.

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

The experts will analyze the evidence and offer an official opinion on whether the injuries resulted from negligence on the part of a medical professional. The lawyer will then use this to decide on the best way to proceed.

If the medical professional confirms that a mistake occurred your lawyer will file a suit against the parties at fault. This includes the obstetrician who was in charge of your pregnancy, any surgeons, nurses or hospital staff who assisted during the delivery.

Legal proceedings can be costly as a result of the many fees such as those for documents, expert witnesses and depositions. Your lawyer will advance these costs and reimburse you once they have won an agreement on your behalf.

Prepare for trial

Generally, a birth injury lawyer will consider any case in which the baby suffered injuries because of negligence by a doctor before, during or shortly after birth. When reviewing the case, the lawyer will be looking at two things: whether or not there are any evidences of medical negligence as well as the severity of the injury.

Often, lawyers will consult with medical experts in order to determine if medical negligence led to the injury. They will review records from the pregnancy, birth of the child and the medical treatment given to the injuries that occurred afterward. 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 included in the lawsuit. The lawyer will then send a letter the medical providers and their insurance companies and ask them to respond to the claim. A good birth injury attorney will know how to negotiate with insurance companies and be prepared to bring the case to trial should it be necessary.

Parents may be entitled to damages for future and past medical expenses resulting from the injuries sustained by their child. Additionally, you could be awarded damages for your pain and suffering. These damages can add up particularly if the child's injuries are serious. A good birth injury attorney will be able to maximize the amount of compensation that is awarded to the parents.

Insurance Companies

While a birth injury lawsuit will not reverse the damage that occurred to your child, it may pay for future medical expenses and the cost of therapy, home modifications, and ongoing support. The costs could appear overwhelming at first, however, a reputable birth injury lawyer will collaborate with a variety of experts to determine the financial impact of any injury on your family, and what amount you are entitled to receive in compensation for these expenses.

The first step in a birth injury lawsuit is to establish that the doctor who was involved in your case had an professional relationship with you and your child and that they breached that relationship by acting negligently before or during the child's birth. It is easy to prove this by collecting your medical bills 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 impact they had on your child's wellbeing. A birth injury attorney will know what to look for and where to get the medical evidence and expert witness testimony to prove your case.

A good birth injury attorney can handle the entire complexity of your case. They should never require you to come out of pocket to pursue justice. They should be willing and able to work on an ad-hoc basis. This means that they only get paid when they win your case and their fee is a portion of the settlement or award.