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

There are still complications that can occur in the course of the birth of a baby, despite medical advances that make it safer than ever. If you suspect that your child suffered from a preventable birth injury, speak to an experienced birth injury attorney right away.

A firm that specializes in birth injury cases generally will advance all costs associated with a lawsuit and only receive payment if they receive the case.

Damages

While medical advances have made birthing safer than ever before however, mothers and their babies are still at high risk of injury due to variety of reasons. These include oxygen deprivation head trauma, and infections. These injuries can lead to long-lasting and devastating disabilities including cerebral palsy. A good birth injury attorney can help families receive the compensation they need to pay for lifelong treatment and care.

Your lawyer will request all pertinent medical records and reports related to the baby's injury. They will also employ medical experts to examine the evidence and provide an official opinion as to whether the medical professionals involved in the birth of your baby did not meet the standards of care. In a typical situation, an expert will assess the medical care provided by defendant to practices commonly accepted by medical experts with similar experience and training.

Economic and non-economic damages may be awarded. Economic damages may include medical expenses, lost income and property damage. Non-economic damages include emotional distress and pain and suffering. In some cases, punitive damages may also be awarded. These are intended to punish the person who is at fault and deter similar behavior in the future. They are separate from compensation damages that are awarded to recover actual losses.

Medical Experts

Even though medical advancements have made childbirth safer than ever before, there are some risks for both the mother and baby. It is up to the nurses and doctors involved in a birth to behave professionally and avoid making mistakes that could cause catastrophic harm for the health of both parties. If they fail to do so and cause a birth injury parents may be able to claim compensation for their injuries.

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 medical records and witness testimony and will also seek expert opinions from various sources, including other specialists and doctors.

The experts will go over all the evidence and provide an official opinion as to whether the injuries were caused because of medical negligence. The lawyer will then use this to decide on the best way to proceed.

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

The cost of litigation can be quite high due to the many fees such as those for records, expert witnesses, and depositions. Your lawyer will advance these expenses and then reimburse you when they have negotiated an agreement on your behalf.

Prepare for the trial

Generally, a birth injury lawyer is a person who handles every case where the infant suffered injuries caused by negligence of a doctor prior or shortly after the birth. When examining the case, the attorney will consider two things: whether there any evidence of medical negligence as well as the severity of the injury.

Attorneys frequently consult with medical experts to determine if the injury was caused by medical negligence. The experts will go through all records pertaining to the childbirth, pregnancy and medical treatment for injuries. They will also be able to evaluate the effects of the injuries on the child and his or her future life.

The experts will help the lawyer determine which medical professionals are to be named as defendants in the lawsuit. The lawyer will send a letter to the medical providers and their insurers and ask them to respond to the lawsuit. A good birth injury attorney will know how to negotiate with the insurance companies and will be ready to take the case to trial if necessary.

Parents could be entitled to damages for past and future medical expenses related to the injuries of their child. Additionally, you could be awarded damages for pain and suffering. These damages can be significant, especially if a child's injuries were severe. A good birth injury attorney will be able to maximize the compensation awarded to the parents.

Insurance Companies

While a birth injury lawsuit cannot undo what happened to your child, it may help pay for future medical expenses, the cost of therapy, home modifications and on-going support. These expenses may seem overwhelming at first, but a good birth injury attorney will collaborate with several experts to estimate the financial impact of any accident on your family and how much you are entitled to receive in compensation for these expenses.

The first step in a birth injury lawsuit is to establish that the doctor involved in your case had an official relationship with your child and you, and that they violated that relationship by acting negligently prior to or during the child's birth. This can be simple to prove through the collection of your medical records and hospital bills.

Once this is established Once this is established, your lawyer will need to determine the specific actions taken by the doctor that were negligent and the impact they had on the health of your child. A birth injury attorney will know what to look for and where to obtain the medical evidence and expert witness testimony to establish your case.

A good birth injury attorney will handle all the complexities of your case. They should not require you to pay out of your pocket to seek justice. They should be able and willing to work on a contingent fee basis. This means they will only be paid if they win your case and their fee is a percentage of the settlement or award.