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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 after the birth of an infant. If you suspect that your child suffered from a preventable birth injury, speak to an experienced birth injury attorney immediately.

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

Damages

While advances in medicine have made childbirth more secure than it was before, many mothers and their infants are at a higher risk of injury for a variety reasons. Head trauma and oxygen deprivation are among the most frequent. These injuries can result in devastating disabilities like cerebral palsy. A good birth injury attorney can help families get the compensation they need to fund lifelong care and support.

Your lawyer will request all medical records and other reports pertaining to the injuries suffered by your baby. The attorney may employ medical experts to review the evidence and provide an official opinion on whether the medical professionals who delivered your baby violated the standards of care. In a typical case, an expert will assess the medical care provided by the defendant to practices commonly accepted by medical professionals with similar training and experience.

Economic and non-economic damages are able to be awarded. Economic damages cover expenses like future and current medical bills, lost income and property loss. Non-economic damages include emotional distress, pain and suffering. In rare instances punitive damages can also be awarded. They are intended to punish the at-fault party and prevent similar behavior in the future. They are distinct from compensatory damages which are awarded to cover actual losses.

Medical Experts

While medical advances have made childbirth safer than ever, the process remains a risky one for both baby and mother. It is the responsibility of doctors and nurses who are involved in the delivery to behave in a professional manner, and to avoid making mistakes that could have disastrous consequences for both mother and baby's health. If they fail to do this and cause a birth injury parents may be able to seek compensation for their losses.

A birth injury lawyers injury attorney will work closely with you throughout the entire duration of your case, from the initial consultation through to the final resolution. They will gather evidence from you, including medical records and witness testimony, and also obtain expert opinions from a variety of sources including other doctors and specialists.

These experts will review all the evidence and give an official opinion as to whether the injuries occurred by medical negligence. This will be used by the lawyer to determine what to do next.

If the medical expert agrees that there was a malpractice and your lawyer files a lawsuit against those responsible parties. This includes the obstetrician in charge of your pregnancy, and any surgeons, nurses, or hospital personnel who were involved in the delivery.

The cost of litigation can be quite high as a result of the numerous fees, including the cost of documents, expert witnesses, and depositions. Your lawyer will pay for these expenses, and will reimburse you after they have settled your case.

Prepare for trial

Generally, a birth injury lawyer takes any case where the infant suffered injuries because of negligence by a doctor before, during or shortly after delivery. When examining the case, the lawyer will look at two things: whether there are any indications of medical negligence, as well as the extent of the injury.

Attorneys frequently consult with medical experts to determine if the injury was caused by medical negligence. Experts will examine all documents related to pregnancy, childbirth and medical treatment for injuries. They will also be in a position to assess the effect of the injuries suffered by the child on his or her future.

The experts will assist the lawyer decide which medical professionals should be included in the lawsuit. The lawyer will write an inquiry letter to medical providers and insurers to respond to the complaint. A good birth injury attorney will be able to negotiate with insurance companies and will be prepared to go to trial should it be necessary.

Parents could be entitled to damages for medical expenses related to the injuries sustained by their child. You may also receive damages for pain and suffering. 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 given to parents.

Insurance Companies

While a birth injury lawsuit can't undo the harm that was done to your child, it can cover future medical expenses as well as the cost of therapy as well as home modifications and ongoing support. These expenses may seem overwhelming at first however, a reputable birth injury attorney will collaborate with several experts to estimate the financial impact of an injury on your family, and how much you are entitled to compensation for these costs.

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

Once this is established, the lawyer will need identify the specific actions taken by the doctor who was negligent and the impact they affected your child's health. A birth injury attorney will know what to look for and where to get the medical evidence and expert witness testimony to support your case.

A good birth injury attorneys injury attorney will take care of all the complexities of your case and should never require you to come out of your pocket to seek justice. They should be able and willing to work on an ad-hoc basis. This means they will only get paid when they win your case, and their fee is a proportion of the settlement or award.