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

The risk of complications can be present during and after a child's birth despite advancements in medical technology that make it safer than ever. If you suspect your child suffered from a preventable birth injury, contact an experienced birth injury lawyer immediately.

A firm that is specialized in cases involving birth injuries will typically advance all legal costs and only be paid if they are awarded the case.

Damages

While medical advances have made childbirth more secure than it used to be, many mothers and babies are still susceptible to injuries resulting from a variety reasons. These include oxygen deprivation head trauma, and infections. These injuries can result in devastating disabilities like cerebral palsy. An experienced birth injury lawyer can help families get the compensation they require to cover the cost of lifelong treatment and care.

Your lawyer will request all pertinent medical records and reports relating to your baby's injuries. He or she will also hire medical experts to analyze the evidence and give a formal opinion about whether the medical personnel involved in your baby's delivery breached the standard of care. In a typical case, an expert will assess the medical care provided by defendant to practices that are commonly used by medical professionals with similar training and experience.

Economic and non-economic damages can be awarded. Economic damages can include medical expenses, lost income and property damage. Non-economic damages include emotional distress, suffering and pain. In rare cases the punitive damages might be awarded. They are intended to penalize the at-fault party and prevent similar behavior in the future. They differ from compensatory damages which are awarded to recover actual loss.

Medical Experts

Although medical advances have made childbirth more secure than ever, the procedure is not without risk for mother and baby. It is the responsibility of doctors and nurses who are involved in the delivery to be professional and to avoid mistakes that can have devastating consequences for both the baby and mother's health. When they fail to follow through and cause a birth injury parents can seek compensation for their damages.

A birth injury lawyer will be in close contact with you throughout the entire duration of your case from the initial consultation to the final resolution. They will gather evidence from you, including witness testimony and medical records. They will also seek expert opinions from other sources, including doctors and specialists.

These experts will examine all the evidence and provide an official opinion as to whether the injuries were caused due to medical negligence. The lawyer will use this to decide on the best way to proceed.

If a medical professional confirms that a mistake was committed the lawyer will file a lawsuit against the accountable 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, records, and depositions. Your lawyer will pay these costs, and then reimburse you once they have settled your case.

Prepare for the trial

A birth injury lawyer will work every case where the baby was injured due to doctor negligence, before or during or shortly after the birth. When reviewing the case, the lawyer will take into consideration two things: whether or not there is evidence of medical negligence and the extent of the injury.

Attorneys will often consult with medical experts to determine whether the injury was the result of medical malpractice. These experts will review all documents related to childbirth, pregnancy and medical treatment for injuries. They will also be able to determine the effects of the injuries sustained by the child on his or her future.

The experts will assist the lawyer decide the medical providers that should be included in the lawsuit. The lawyer will then send a letter the medical providers and their insurers asking them to reply to the lawsuit. A reputable birth injury lawyer will be able to negotiate with insurance companies and will be ready to go to trial if necessary.

Parents could be entitled to damages for past and future medical costs related to the injuries of their child. They could also receive damages for suffering and pain. These damages can mount up, especially if the child's injuries are severe. An experienced birth injury lawyer will be able to maximize the amount of money given to parents.

Insurance Companies

A lawsuit for birth injuries can't reverse the harm done to your child, but it could help cover future medical costs such as therapy, home improvements and ongoing support. The costs could seem overwhelming, but an experienced birth injury lawyer will collaborate with several experts to determine the financial impact on your family's finances from an injury, and the amount of compensation you are entitled to.

In order to submit a claim for birth injury, you must first prove that your doctor and your child shared an official relationship and that they violated this relationship by failing to act properly prior to or during your child's birth. This is easy to prove through the collection of your medical documents and hospital bills.

After this is established the lawyer must identify what specific actions the doctor took that were negligent and how these impacted your child's health. A birth injury lawyer will know what to look for and where you can get the medical evidence and expert witness testimony to establish your case.

A reputable birth injury lawyer will take care of the many complexities of your case and should never require you to pay out of your pocket to seek justice. They should work on a basis of contingency fees, meaning that they only receive payment if they win your case and the amount they get is a percentage of the settlement or award you receive.