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

Although advances in medicine have made birthing safer than ever before however, complications may still occur following the birth of an infant. If you believe your child suffered a preventable birth injury, speak to an experienced birth injury attorney immediately.

A firm that concentrates on birth injury cases will typically finance all litigation costs and only be compensated when they receive compensation in your case.

Damages

While advances in medicine have made childbirth more secure than ever before but many mothers and their infants are still at a high risk of injury due to variety of reasons. This includes oxygen deprivation, head trauma and infections. These injuries can result in permanent and devastation to the body, including cerebral palsy. A good birth injury attorney can assist families in obtaining the compensation they require to pay for lifelong treatment and support.

Your attorney will ask for all medical records and other reports pertaining to the injuries suffered by your baby. They will also employ medical experts to review the evidence and provide an opinion regarding whether the medical professionals involved in the birth of your baby violated the standard of medical care. In a typical case, an expert will evaluate the medical treatment provided by the defendant to practices commonly accepted by medical experts with similar training and experience.

Economic and non-economic damages may be awarded. Economic damages cover costs such as current and future medical bills, lost income, and property losses. Non-economic damages include emotional distress, suffering and pain. In rare circumstances, punitive damages are also awarded. These are intended to punish the person responsible and deter similar behavior in the future. They are different from compensation damages that are awarded to cover actual losses.

Medical Experts

While medical advances have made childbirth more safe than ever before, there are some risks for both mother and baby. It is the responsibility of the nurses and doctors who are involved in the delivery to be professional and to avoid mistakes that can have devastating consequences for both baby and mother's health. When they fail to follow through and cause a birth injury parents can claim compensation for the damage.

A birth injury attorney will be in close contact with you throughout the course of your case, starting from beginning with the initial consultation until final resolution. They will collect evidence from you, including witness testimony and medical records. They will also solicit expert opinions from other sources, including doctors and specialists.

They will look over the evidence and offer an official opinion on whether the injuries were the result of medical negligence. This will be used by the lawyer to decide the best way to proceed.

If a medical professional believes that a malpractice was committed your lawyer will bring suit against the responsible parties. This includes the obstetrician who was in charge of your pregnancy as well as any nurses, surgeons, or hospital personnel who helped during the delivery.

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

Preparing for a trial

In general, a birth injuries lawyer will take on every case where the baby suffered injuries due to negligence of a doctor prior to, during or shortly after the birth. In analyzing the case the attorney will consider two things: whether 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. These experts will review all documentation related to pregnancy, childbirth, and medical treatment for injuries. They will also be able examine the effects of the injuries on the child and the future of the child.

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

Parents may be entitled to damages for future and past medical expenses resulting from the injuries sustained by their child. They could also receive damages for pain and suffering. These damages can be significant in the event that a child's injuries were serious. A good birth injury attorney will be able to maximize the amount of compensation awarded to the parents.

Insurance Companies

A birth injury lawsuit isn't able to repair the harm caused to your child, but it can cover future medical expenses, therapy, home modifications and ongoing support. These costs may seem overwhelming, but a knowledgeable birth injury lawyer will work with a number of experts to determine the financial impact on your family of the injury you sustained and how much compensation you are entitled to.

The first step in a birth injury claim is to prove that the doctor involved in your case had an established professional relationship with you and your child, and that they breached the relationship by acting negligently during or before your child's delivery. It is easy to establish this by obtaining your hospital bills and medical records.

After this is established the lawyer will need to identify the specific actions the doctor performed that were negligent and how they impacted the health of your child. A birth injury attorney will know what to look for and where you can get the medical documentation and expert witness testimony to prove your case.

A good birth injury attorney can handle the entire complexity of your case. They should never ask you to pay out of your pocket to seek justice. They must be able to work on the basis of a contingent fee. This means that they only be paid if they win your case and their fee is a percentage of the settlement or award.