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

Although advances in medicine make births more secure than ever, complications can still arise after the birth of a baby. If you suspect your child was injured due to a birth injury, contact an experienced attorney for birth injuries right away.

A firm that concentrates on birth injury cases is likely to finance all litigation costs and only pay if they win an award in your case.

Damages

While advances in medicine have made childbirth safer than it used to be, many mothers and babies are still at risk of injuries from a variety of reasons. The lack of oxygen and head trauma are among the most common. These injuries can result in devastating disabilities such as cerebral palsy. A good birth injury lawyer can assist families to receive compensation for the lifetime treatment and care they need.

Your attorney will ask for all medical records and reports that relate to the injuries suffered by your baby. The attorney can employ medical experts to review the evidence and give an opinion in writing on whether the medical personnel who delivered your child violated the standard care. In a typical instance, an expert will evaluate the medical care provided by the defendant with the practices generally accepted by other medical professionals with similar training and experience.

Economic and non-economic damages can be awarded. Economic damages can include medical expenses loss of income, property damage. Non-economic damages include emotional distress and suffering and pain. In some cases, punitive damages are also awarded. These are intended to punish the party at fault and discourage similar behavior in future. They are different from compensation damages that are awarded to cover actual losses.

Medical Experts

While advances in medicine have made childbirth safer than ever before, there remain some risks for both mother and baby. It is up to the nurses and doctors involved in a delivery to be professional and avoid mistakes which could have catastrophic consequences for the health of both parties. When they fail to do so and cause birth injuries parents may be able to seek compensation for their damages.

From the initial consultation until the final resolution An attorney for birth injuries will work closely with your case. They will collect evidence from you, including witness testimony and medical records. They will also get expert opinions from other sources such as doctors and specialists.

The experts will go over all evidence and provide an opinion in writing on whether the injuries occurred by medical negligence. The lawyer will then use this to decide on the best way to proceed.

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

The cost of a lawsuit can be high due to the costs for expert witnesses, records, and depositions. Your lawyer will pay these costs and pay you back once they have won a settlement on your behalf.

Prepare for trial

Generally, a birth injury lawyer will take on any case in which the infant suffered injuries due to doctor negligence before, during or shortly after the birth. When reviewing the case, the lawyer will look at two aspects: whether there is evidence of medical negligence and the extent of the injury.

Often, the attorneys will consult with medical experts in order to determine if medical negligence led to the injury. Experts will examine all documents related to childbirth, pregnancy 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 to determine which medical professionals should be named in the lawsuit. The lawyer will send a letter to the medical providers and their insurance companies inquiring them to respond to the lawsuit. A good birth injury attorney will know how to negotiate with the insurance companies and be ready to go to trial should it be necessary.

Parents could be entitled to damages for medical expenses related to their child's injuries. They could also be awarded damages for pain and suffering. These damages can be significant particularly if the child's injuries are serious. An experienced attorney for birth injuries can help maximize the compensation paid to the parents.

Insurance Companies

While a birth injury lawsuit can't undo the harm that was done to your child, it may help pay for future medical expenses, the cost of therapy, home modifications and on-going support. The costs could seem overwhelming at first, but a good birth injury lawyer will work with a variety of experts to determine the financial impact of a specific injury on your family and how much you're entitled to be compensated for these costs.

The first step in a birth injury lawsuit is to prove that the doctor who was involved in your case had a professional relationship with you and your child, and that they breached that relationship by acting negligently during or before the birth of your child. This can be simple to prove by obtaining your medical records 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 affected your child's health. A birth injury attorney will know what to look for and where to obtain the medical documentation and expert witness testimony to establish your case.

A good birth injury lawyer will take care of the complexities of your claim and will never demand you to pay for justice. They should be able to work on a basis of contingency fees which means that they get paid if they win your case and the amount they receive is a percentage of the settlement or award you receive.