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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, complications can still arise in the course of birth and after the birth of a baby. If you suspect that your child suffered an unavoidable birth injury, speak to an experienced birth injury lawyer immediately.

A firm that specializes in cases involving birth injuries will generally advance the entire cost of a lawsuit. They will only be paid if they are awarded compensation for your case.

Damages

While medical advances have made childbirth more secure than ever before but mothers and babies are still at high danger of injury due variety reasons. The lack of oxygen and head trauma are among the most common. These injuries can result in permanent and devastation to the body, including cerebral palsy. An experienced birth injury lawyer will assist families to receive the compensation they need to pay for lifelong treatment and support.

Your lawyer will request all pertinent medical records and reports related to the injury your baby sustained. The attorney will also hire medical experts to review the evidence and give an opinion regarding whether the medical professionals involved in your baby's delivery breached the standard of care. In the typical scenario, an expert will assess the medical care offered by the defendant with practices that are commonly used by medical professionals with similar experience and training.

Damages can be awarded for economic and non-economic losses. Economic damages cover expenses including future and present medical bills, lost income and property loss. Non-economic damages can include emotional distress as well as pain and suffering. In rare instances punitive damages can also be awarded. They are intended to penalize the party at fault and discourage similar conduct in the future. They differ from compensatory damages that are awarded to cover actual losses.

Medical Experts

While medical advances have made childbirth more secure than ever, the procedure remains a risky one for both the mother and the baby. It is the responsibility of the doctors and nurses who are involved in the birth to act professionally, and to avoid making mistakes which could result in devastating consequences for both the baby and mother's health. Parents may be able to sue for damages if the nurses and doctors fail to behave appropriately during a delivery.

A birth injury lawyer will work closely with you throughout the entire duration of your case, starting from the initial consultation until the final resolution. They will gather evidence from you like witness statements and medical records as well as seek expert opinions from various sources, including other specialists and doctors.

They will look over all the evidence and provide an opinion in writing on whether the injuries were because of medical negligence. The lawyer will then use this information to determine the best way to proceed.

If a medical professional is of the opinion that malpractice was committed, your lawyer will file a lawsuit against the guilty parties. This includes the obstetrician in charge of your pregnancy, and any nurses, surgeons, or hospital personnel who assisted during the delivery.

Lawsuits can be expensive as a result of the many costs, such as those for records, expert witnesses, and depositions. Your lawyer will pay these costs and then reimburse you when they have negotiated settlement on your behalf.

Prepare for Trial

Generally, a birth injury lawyer is a person who handles every case where the infant was injured because of negligence by a doctor before or shortly after the birth. The lawyer will consider two aspects when analyzing the case whether there evidence of medical negligence, and how serious the injury.

Often, lawyers will consult with medical experts to determine if a medical error led to the injury. These experts will carefully review records from the pregnancy, the child's birth and the medical treatment received for the injuries afterward. They will also be able to examine the effects of the injuries on the child and his or her future.

The experts will help the lawyer to determine the medical providers that should be named in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurers inquiring them to respond to the claim. A reputable birth injury lawyer will be able to negotiate with the insurance companies and be prepared to make the case go to trial if needed.

Parents could be entitled to damages for medical expenses resulting from the injuries sustained by their child. You may also receive damages for the pain and suffering you have endured. These damages can add up in the event that the child's injuries are serious. An experienced birth injury lawyer will be able to maximize the compensation that is awarded to parents.

Insurance Companies

A birth injury lawsuit can't repair the harm caused to your child but it could cover future medical costs such as therapy, home improvements, and ongoing support. These costs may seem overwhelming at first but a good birth injury lawyer will collaborate with several experts to calculate the financial impact of a particular injury to your family and how much you are legally entitled to receive compensation for these costs.

The first step in a birth injury lawsuit is to prove that the doctor in your case had an established professional relationship with your child and you, and that they violated the trust by committing a breach either prior to or after the child's birth. This can be easy to prove by obtaining your medical documents and hospital bills.

Once this is established, the lawyer will have to identify what specific actions the doctor took that were negligent and how these impacted the health of your child. A birth injury lawyer will know what to look for and where you can get the medical documentation and expert witness testimony needed to support your case.

A reputable birth injury lawyer can handle the entire complexity of your case. They will never ask you to pay out of your pocket to seek justice. They should be able to work on a contingency basis which means they only get paid if they win your case. The amount they earn is a percentage of the settlement or award you receive.