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

Although medical advances make birthing safer than ever before, complications can still arise in the course of birth and after the birth of a baby. If you suspect that your child suffered from a preventable birth injury, you should contact an experienced birth injury attorney right away.

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

Damages

While advances in medicine have made birthing safer than ever before but many mothers and their infants are at a higher risk of injury for a variety of reasons. Oxygen deprivation and head trauma are among the most frequent. These injuries can lead to devastating disabilities such as cerebral palsy. A good birth injury attorney will assist families to receive the compensation they need to fund lifelong care and care.

Your attorney will request all relevant medical records and reports related to your baby's injury. The attorney can employ medical experts to analyze the evidence and provide an official opinion on whether the medical personnel who delivered your baby did not follow the standard of care. In a typical case an expert will compare medical care provided by the defendant to practices typically accepted by medical experts with similar experience and qualifications.

Non-economic and economic damages can be awarded. Economic damages can cover expenses such as current and future medical bills, lost income and property losses. Non-economic damages include emotional distress, pain and suffering. In some cases, punitive damages are also awarded. They are intended to penalize the at-fault party and deter similar behavior in the future. They are distinct from compensatory damages that are awarded to compensate for actual losses.

Medical Experts

While advances in medicine have made childbirth more safe than ever before, there remain some risks for both the mother and baby. It is the responsibility of the doctors and nurses who are involved in the birth to act professionally, and to avoid mistakes that could have disastrous consequences for both baby and mother's health. If they fail to follow through and cause a birth injury, parents can claim compensation for their injuries.

A birth injury attorney will work closely with you throughout the duration of your case, beginning from the initial consultation until the final resolution. They will collect evidence from you such as medical records and witness testimonies as well as seek expert opinions from numerous sources including other doctors and specialists.

They will look over all the evidence and provide an official opinion as to whether the injuries were caused because of medical negligence. This will be used by the lawyer to determine the best way to proceed.

If a medical professional agrees with you that malpractice occurred your lawyer will bring suit against the parties responsible. This typically includes the obstetrician in charge of the delivery and pregnancy and any nurses or surgeons who assisted during the birth and the hospital where the birth occurred.

The cost of a lawsuit may be expensive due to the charges for expert witnesses, evidence, and depositions. Your lawyer will advance these expenses and reimburse you once they have negotiated settlement on your behalf.

Prepare for trial

Generally, a birth injury lawyer will take on any case where the infant suffered injuries due to doctor negligence before, during or shortly after birth. The lawyer will take into consideration two aspects when analyzing the case in determining whether there evidence of medical negligence and how severe the injury is.

Often, the attorneys will consult with medical experts to determine if medical malpractice led to the injury. Experts will carefully review records from the pregnancy, birth of the child and the medical treatment given to the injuries that occurred afterward. They will also be able assess the impact of the injuries on the child and his or her future life.

The experts will help the lawyer identify which medical providers should be named in the lawsuit. The lawyer will then send a letter 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 insurance companies and be prepared to take the case to trial if needed.

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

Insurance Companies

While a birth injury lawsuit will not reverse the damage that occurred to your child, it could be used to pay for future medical expenses as well as the cost of therapy or home modifications as well as ongoing support. These expenses may appear overwhelming at first, but a skilled birth injury lawyer will collaborate with a variety of experts to assess the financial impact of a specific injury on your family and how much you are legally entitled to receive compensation for these costs.

The first step in a birth injuries injury claim is to prove that the doctor who was involved in your case had a professional relationship with your child and you, and that they violated that relationship by acting negligently either prior to or after your child's delivery. You can easily prove this by collecting your hospital bills and medical records.

Once this has been established the lawyer will need to determine the specific actions that the doctor performed that were negligent and how these affected the health of your child. A birth injury attorney will know what to look for and how to obtain the medical records and expert witness testimony needed 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 pocket to pursue justice. They should work on a contingency fee basis which means that they only get paid if they win your case. The amount they get is a percentage of the settlement or award you receive.