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

Complications can still occur during and after the birth of a baby despite advances in medical technology making it safer than ever. If you suspect that your child has suffered an injury to their birth that could have been avoided from happening, consult a birth injury lawyer immediately.

A firm that specializes in birth injury cases generally advances the entire cost of a lawsuit. They will only receive payment if they receive compensation for your case.

Damages

Although advances in medicine have made birthing safer than ever before, many mothers and their babies are still at high risk of injury due to a number of reasons. These include oxygen deprivation, head trauma, and infections. These injuries can lead to long-lasting and devastating disabilities, including cerebral palsy. A reputable birth injury lawyer can assist families to receive compensation for the lifetime treatment and care they need.

Your attorney will seek all relevant medical records and reports relating to the baby's injury. The attorney may employ medical experts to review the evidence and provide an official opinion on whether the medical personnel who delivered your baby have violated the standard care. In the typical scenario, an expert will assess the medical care provided by the defendant to practices generally accepted by medical professionals with similar experience and training.

Economic and non-economic damages are able to be awarded. Economic damages include medical costs, lost income and property damage. Non-economic damages include emotional distress and suffering and pain. In rare cases punitive damages can also be awarded. These are meant to penalize the party at fault and discourage similar behavior in future. They are distinct from compensatory damages, which are awarded to recover actual losses.

Medical Experts

While medical advances have made childbirth more secure than ever, the process still involves some risk for both the mother and the baby. It is the responsibility of doctors and nurses who are involved in the birth to behave in a professional manner, and to avoid mistakes that could have disastrous consequences for both the baby and mother's health. If they fail to act accordingly and cause a birth injury parents may claim compensation for the damage.

An attorney for birth injuries will be in close contact with you throughout the entire duration of your case, starting from the initial consultation to the final resolution. They will gather evidence from you, including witness testimony and medical records. They will also solicit expert opinions from other sources like doctors and specialists.

These experts will examine all the evidence and provide an official opinion as to whether the injuries were because of medical negligence. This will be used by the lawyer to determine how to proceed.

If the medical professional agrees with you that malpractice was committed your lawyer will file a lawsuit against the responsible parties. This includes the obstetrician in charge of your pregnancy, any nurses, surgeons or hospital personnel who were involved in the delivery.

Lawsuits can be expensive as a result of the many fees like those for documents, expert witnesses, and depositions. Your lawyer will cover these expenses, and reimburse you once they settle your case.

Preparing for the Trial

A birth injury lawyer will work any case in which the baby suffered injuries due to a doctor's negligence, whether before or during or shortly after the birth. The attorney will look at two things when reviewing the case whether there is evidence of medical negligence and how severe the injury.

Attorneys will often consult with medical experts to determine if the injury was caused by medical negligence. These experts will review all documentation related to birth, pregnancy, and medical treatment for injuries. They will also be able to assess the impact of the injuries on the child and their future.

The experts will assist the lawyer in identifying the medical providers who will be named as defendants in the lawsuit. The lawyer will issue an email to the medical providers and insurers to respond to the claim. A good birth injury lawyer will know how to negotiate with insurance companies and be prepared to take on trial if required.

Parents could be entitled to damages for medical expenses arising from the injuries sustained by their child. You may also be entitled to damages for your pain and suffering. The amount of damages could be substantial when the child's injuries are severe. A reputable birth injury lawyer can maximize the compensation awarded to parents.

Insurance Companies

A birth injury lawsuit can't repair the harm caused to your child, but it can help pay for future medical costs therapy, home modifications and ongoing support. These costs can seem overwhelming, but an experienced birth injury lawyer will work with a variety of experts to determine the financial impact on your family's finances from a specific injury and the amount of compensation you are entitled to.

In order to claim a birth injury you must first establish that your doctor and your child shared an official relationship and that they breached that relationship by failing to act properly prior to or during the time of your child's birth. This can be easy to prove by obtaining your medical documents and hospital bills.

Once this is established, the lawyer will need identify the specific actions made by the doctor who was negligent and the effect they caused to your child's well-being. A birth injury lawyer will know what to look for and how to obtain the medical records and expert witness testimony to establish your case.

A competent birth injury attorney will handle all the complexities of your case and will not require you to pay out of pocket to pursue justice. They should work on a contingent fee basis which means they only be paid if they succeed in winning your case. The amount they get is a percentage of the settlement or award you receive.