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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 advancements in medical technology making it safer than ever. If you believe your child suffered an injury during birth that could have been prevented contact a birth injuries lawyer right away.





A firm that focuses on birth injuries will typically 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 ever before but many mothers and their infants are still at a high risk of injury for a number of reasons. This includes oxygen deprivation, head trauma, and infections. These injuries can lead to permanent and devastation to the body including cerebral palsy. A skilled birth injury lawyer will assist families to receive the compensation they require to pay for lifelong treatment and care.

Your attorney will request all relevant medical records and reports relating to the injury your baby sustained. He or she will also engage medical experts to analyze the evidence and give a formal opinion about whether the medical experts involved in the birth of your baby violated the standard of medical care. In a typical case, an expert will compare the medical care provided by the defendant with the practices generally accepted by other medical professionals who have similar experience and training.

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

Medical Experts

Even though medical advancements have made childbirth safer than ever before, there remain some risks for both mother and baby. It is the responsibility of nurses and doctors who are involved in the delivery to act professionally, and to avoid mistakes that could have disastrous consequences for both baby and mother's health. If they fail to do so and cause birth injuries, parents can seek compensation for their damages.

A birth injury lawyer will work closely with you throughout the duration of your case from the initial consultation to the final resolution. They will collect evidence from you such as witness testimonies and medical records and also get expert opinions from many sources, including other doctors and specialists.

These experts will review all the evidence and give an official opinion as to whether the injuries were caused due to medical negligence. This will be used by the lawyer to decide on how to proceed.

If the medical professional is of the opinion that malpractice was committed, your lawyer will file a suit against the responsible parties. This usually includes the obstetrician who was responsible for your pregnancy and delivery as well as any surgeons or nurses who assisted during the birth and the hospital in which the birth took place.

The costs of a lawsuit may be high due to the cost for expert witnesses, records, and depositions. Your lawyer will pay these expenses, and will reimburse you once they settle your case.

Prepare for trial

Generally, a birth injury lawyer will take on any case where the baby suffered injuries because of negligence by a doctor before, during or shortly after the birth. The lawyer will take into consideration two aspects when analyzing the case to determine if there is evidence of medical negligence, and how severe the injury is.

Attorneys often consult medical experts to determine if the injury was caused by medical malpractice. They will look over all records related to the childbirth, pregnancy and medical treatment for injuries. They will also be able to analyze the effects of injuries on the child and the future of the child.

birth injury lawsuit will assist the lawyer determine which medical providers should be named in the lawsuit. The lawyer will send an email to the medical providers and insurers to respond to the complaint. A good birth injury lawyer will be able to work with insurance companies and be prepared to take on trial if needed.

Parents could be entitled to damages for future and past medical expenses that result from the injuries of their child. You may also be entitled to damages for your pain and suffering. The amount of damages could be substantial when the child's injuries are severe. A skilled birth injury lawyer will maximize the amount of compensation given to parents.

Insurance Companies

Although a lawsuit for birth injuries cannot undo what happened to your child, it can be used to pay for future medical expenses, the cost of therapy, home modifications and on-going support. These costs might seem overwhelming at first but a competent birth injury lawyer will collaborate with several experts to estimate the financial impact of a specific injury on your family and what amount you are legally entitled to receive compensation for these expenses.

In order to file a claim for birth injuries, you must first prove that your doctor and your child have an professional relationship, and that the doctor violated this relationship by committing a negligent act prior to or during your child's birth. This can be simple to prove through the collection of your medical documents and hospital bills.

Once this is established, the lawyer will need to identify the specific actions the doctor performed that were negligent and how they affected your child's health. An attorney for birth injuries will know what to look for and where to obtain the medical records and expert witness testimony needed to prove your case.

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