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

Complications are still possible in the course of the birth of a baby despite advances in medical technology that make it safer than ever. If you believe your child suffered an unavoidable birth injury, contact an experienced birth injury lawyer immediately.

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

Damages

While medical advances have made childbirth more secure than ever before however, mothers and their infants are still at a high risk of injury for a variety reasons. These include oxygen deprivation head trauma, and infections. These injuries can result in devastating disabilities, such as cerebral palsy. An experienced birth injury lawyer can assist families in obtaining the compensation they need to cover lifelong medical treatment and support.

Your attorney will ask for all medical records and reports that relate to the injuries sustained by your baby. The attorney will also employ medical experts to review the evidence and provide an official opinion on whether the medical personnel involved in your baby's birth did not meet the standards of care. In a typical case an expert will evaluate the medical treatment provided by defendant to practices generally accepted by medical professionals who have the same experience and education.

Non-economic and economic damages can be awarded. Economic damages cover expenses including future and present medical bills, lost income, and property losses. Non-economic damages can include emotional distress and suffering and pain. In rare instances, punitive damages are also awarded. They are intended to penalize the party at fault and discourage similar behavior in the future. These are different from compensatory damages that are awarded to compensate for actual loss.

Medical Experts

While medical advances have made childbirth more secure than ever before, the process remains a risky one for both baby and mother. It is the responsibility of the nurses and doctors involved in the birth to behave professionally and to avoid making mistakes that could cause devastating harm for both the baby and mother's health. If they fail to act accordingly and cause a birth injury, parents can seek compensation for their damages.

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

They will look over the evidence and offer a formal opinion as to whether the injuries resulted from medical negligence. This will be utilized by the lawyer to decide what to do next.

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

The cost of litigation can be quite high as a result of the many costs, such as the cost of records, expert witnesses, and depositions. Your lawyer will advance these expenses and pay you back once they have negotiated an agreement on your behalf.

Prepare for Trial

A birth injury lawyer will work on any case where the baby was injured due to doctor negligence, either prior to, Birth injury lawyer during, or shortly following delivery. The lawyer will take into consideration two things when reviewing the case whether there evidence of medical negligence, and how serious the injury.

Attorneys will 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 given to the injuries that occurred afterward. They will also be able to evaluate the effects of the injuries on the child and his or her future life.

The experts will assist the lawyer in identifying which medical professionals are to be named as defendants in the lawsuit. The lawyer will send a letter to the medical providers and their insurance companies asking them to respond to the lawsuit. A reputable birth injury lawyer 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 for damages for future and past medical expenses that result 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. An experienced birth injury lawyer can maximize the amount of money that is awarded to parents.

Insurance Companies

While a birth injury lawsuit can't reverse the harm done to your child, it can help pay for future medical expenses for therapy, the cost, home modifications, and ongoing support. The costs could seem overwhelming, but a seasoned birth injury lawyer will work with a team of experts to assess the financial effects on your family from the injury you sustained and how much compensation you are entitled to.

In order to file a claim for birth injuries you must first establish that your doctor and your child shared an established professional relationship and they breached that relationship by failing to act properly prior to or during the birth of your child. This may be easy to prove by obtaining your medical records and hospital bills.

Once this is established, the lawyer will need identify the specific actions made by the doctor who was negligent and the impact they had on your child's wellbeing. A birth injury lawyer will know what to look for and where you can get the medical documentation and expert witness testimony needed to establish your case.

A reputable birth injury lawyer will take care of the many complexities of your case and should not require you to pay 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 portion of the settlement or award you receive.