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

Although medical advances make childbirth safer than ever but complications can still occur after the birth of an infant. If you suspect that your child was injured due to a birth injury, you should contact an experienced birth injury attorney right away.

A firm that focuses on birth injury cases is likely to finance all litigation costs and only be compensated if they obtain compensation in your case.

Damages

Although advances in medicine have made childbirth safer than ever before but mothers and infants are still at a high risk of injury due to number of reasons. Head trauma and oxygen deprivation are among the most common. These injuries can result in devastating disabilities like cerebral palsy. A good birth injury attorney can help families get the compensation they need to cover lifelong medical treatment and care.

Your attorney will request all relevant medical records and reports related to your baby's injury. The attorney may also hire medical experts who will review the evidence and give an opinion in writing on whether the medical professionals who delivered your baby violated the standard of care. In a typical situation, an expert will examine the medical care provided by the defendant to practices that are commonly used by medical professionals with similar training and experience.

Non-economic and economic damages can be awarded. Economic damages may include medical expenses, lost income, and property damage. Non-economic damages include emotional distress as well as pain and suffering. In rare cases the punitive damages might be awarded. These are intended to punish the responsible party and discourage similar conduct in the future. They are distinct from compensatory damages that are awarded to cover actual loss.

Medical Experts

Even though medical advancements have made childbirth safer than ever before, there are still some risks for both mother and baby. It is the responsibility of the doctors and nurses who are involved in the birth to be professional and to avoid mistakes that could cause devastating harm for both the baby and mother's health. Parents may sue for damages if nurses and doctors are not professional during a delivery.

A birth injury attorney will work closely with you for the duration of your case, from the initial consultation through to the final resolution. They will gather evidence from you like medical records and witness testimonies and also get expert opinions from a variety of sources including other doctors and specialists.

These experts will examine all the evidence and provide an official opinion as to whether the injuries are because of medical negligence. The lawyer will use this to decide how best to proceed.

If a medical professional is of the opinion that malpractice occurred the lawyer will file suit against the accountable parties. This typically includes the obstetrician in charge of your pregnancy and delivery, any nurses or surgeons who assisted during the delivery as well as the hospital in which the birth took place.

The costs of a lawsuit can be high due to the costs for expert witnesses, records and depositions. Your lawyer will cover these costs, and then reimburse you once they have settled your case.

Prepare for trial

A birth injury lawyer will take any case in which the baby was injured due to doctor negligence, prior to or during or shortly after delivery. When examining the case, the lawyer will look at two aspects: whether there are any indications of medical negligence as well as the extent of the injury.

Attorneys often consult medical experts to determine if the injury was the result of medical negligence. Experts will examine all documentation related to pregnancy, childbirth and medical treatment for injuries. They will also be able to analyze the effects of injuries on the child and his or her future.

The experts will assist the lawyer in identifying the medical providers who will be named as defendants in the lawsuit. The lawyer will then send a letter to the medical providers and their insurance companies asking them to respond to the lawsuit. A good birth injury attorney will be able to negotiate with the insurance companies and be ready to bring the case to trial should it be necessary.

Parents could be entitled to compensation for medical expenses related to their child's injuries. They could also receive damages for pain and suffering. These damages could be substantial, especially if a child's injuries were serious. A good birth injury attorney can help maximize the compensation awarded to the parents.

Insurance Companies

A lawsuit for birth injuries can't reverse the harm done to your child, but it can help pay for future medical costs, therapy, home modifications and ongoing support. These costs can seem overwhelming, but a seasoned birth injury lawyer will work with several experts to determine the financial effects on your family from an injury, and the amount of compensation you are entitled to.

In order to claim a birth injury, you must first prove that your doctor and your child have an professional relationship, and that they breached that relationship by committing a negligent act prior to or during your child's birth. This can be easy to prove by obtaining your medical records and hospital bills.

Once this is established the lawyer must identify the specific actions the doctor took that were negligent and how they impacted the health of your child. A birth injury attorney will know what to look for and how to obtain the medical evidence and expert witness testimony needed to demonstrate your case.

A good birth injury attorney will take care of all the complexities of your case. They should never require you to pay out of pocket to pursue justice. They should be willing to work on a contingent fee basis which means they only receive payment if they win your case. The amount they earn is a portion of the settlement or award you receive.