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

Although medical advances make childbirth more secure than ever before, complications can still arise following the birth of a baby. If you believe your child suffered a birth injury that could have been avoided contact a birth injuries lawyer immediately.

A firm that concentrates on birth injury cases is likely to finance all litigation costs and only be compensated if they obtain compensation in your case.

Damages

While advances in medicine have made childbirth more secure than it was before however, mothers and their infants are at a higher risk of injury due to a variety reasons. The lack of oxygen and head trauma are among the most frequent. These injuries can result in long-lasting and devastating disabilities including cerebral palsy. A skilled lawyer for birth injuries can assist families to receive compensation for the lifelong treatment and medical care they require.

Your lawyer will request all medical records and other reports pertaining to the injury of your baby. They will also employ medical experts to analyze the evidence and provide a formal opinion about whether the medical experts involved in the birth of your baby did not meet the standards of care. In a typical situation, an expert will evaluate the medical treatment provided by the defendant with the practices that are commonly used by other medical professionals who have similar training and experience.

Non-economic and economic damages can be awarded. Economic damages include medical expenses loss of income, property damage. Non-economic damages can include emotional distress and suffering. In rare instances the punitive damages might be awarded. They are intended to punish the person who is at fault and deter similar behavior in the future. These are separate from the compensation damages that are awarded to cover actual losses.

Medical Experts

While medical advances have made childbirth safer than ever before, there are some risks for both mother and baby. It is the responsibility of nurses and doctors involved in a delivery to behave professionally and avoid mistakes that could result in devastating consequences for the health of both parties. Parents can be able to sue for damages if the doctors and nurses are not professional during a delivery.

A birth injury lawyer will work closely with you for the duration of your case from the initial consultation to the final resolution. They will collect evidence from you, including medical records and witness testimony and will also seek expert opinions from a variety of sources including other specialists and doctors.

The experts will analyze the evidence and offer a formal opinion as to whether the injuries resulted from negligence on the part of a medical professional. The lawyer will use this to decide how best to proceed.

If the medical professional agrees that malpractice was committed the lawyer will file a lawsuit against the responsible parties. This typically includes the obstetrician who was responsible for the delivery and pregnancy and any nurses or surgeons who assisted during the birth as well as the hospital in which the birth took place.

Lawsuits can be expensive because of the many fees such as those for documents, expert witnesses and depositions. Your lawyer will advance these costs and reimburse you once they have won a settlement on your behalf.

Prepare for trial

A birth injury lawyer will work on any case in which the baby suffered injuries due to doctor negligence, whether before or during or shortly following delivery. In analyzing the case the lawyer will be looking at two things: whether or not there are any evidences of medical negligence and the extent of the injury.

Attorneys frequently consult with medical experts to determine whether the injury was caused by medical malpractice. The experts will carefully examine the records of the pregnancy, birth of the child and the medical treatment for the injuries that occurred afterward. They will also be able analyze the effects of injuries on the child and his or her future life.

The experts will assist the lawyer determine the medical providers that should be included in the lawsuit. The lawyer will send an inquiry letter to medical providers and insurers to respond to the complaint. A good birth injury lawyer will know how negotiate with insurance companies, and be ready to go to trial if necessary.

Parents may be entitled to damages for future and past medical expenses arising from the injuries suffered by their child. They may also be awarded damages for pain and suffering. These damages can be significant when the child's injuries are serious. An experienced birth injury lawyer can maximize the amount of money awarded to the parents.





Insurance Companies

A birth injury lawsuit can't erase the harm done to your child, but it can cover future medical costs, therapy, home modifications and ongoing support. These costs can seem overwhelming, but an experienced birth injury lawyer will collaborate with several experts to determine the financial impact on your family due to a specific injury and the amount of compensation you are entitled to.

In order to claim a birth injury, you must first prove that your doctor and your child shared an professional relationship, and that the doctor violated this relationship by acting negligently before or during the birth of your child. This can be simple to prove by obtaining your medical documents and hospital bills.

Once this is established the lawyer will have to determine the specific actions that the doctor performed that were negligent and how these impacted the health of your child. An attorney for birth injuries will know what to look for and where you can get the medical evidence and expert witness testimony to establish your case.

A reputable birth injury lawyer will manage the complexity of your case and will never ask you to pay for justice. They should be able to work on a contingency basis, meaning that they only receive compensation if they prevail in your case and the amount they receive is a percentage of the settlement or award you receive.