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

Complications are still possible during and after the birth of a child despite advances in medical technology making it safer than ever. If you suspect your child suffered from a preventable birth injury, speak to an experienced birth injury attorney immediately.

A firm specializing in birth injury cases will typically cover all litigation costs, and only pay if they win the case and receive compensation.





Damages

Although medical advances have made childbirth a lot safer than it used to be yet many mothers and babies are still at risk for injuries due to a variety of reasons. The lack of oxygen and head trauma are among the most frequent. These injuries can cause catastrophic disabilities like cerebral palsy. A good birth injury attorney can assist families in obtaining the compensation they need to cover the cost of lifelong treatment and support.

Your attorney will ask for all medical records and reports relevant to the injuries sustained by your baby. The attorney will also hire medical experts to analyze the evidence and give an official opinion as to whether the medical personnel involved in your baby's birth violated the standard of medical care. In a typical case, an expert will assess the medical treatment provided by the defendant with the practices that are commonly used by other medical professionals who have similar qualifications and experience.

Economic and non-economic damages may be awarded. Economic damages cover costs like future and current medical bills, lost income, and property loss. Non-economic damages may include emotional distress and pain and suffering. In some cases, punitive damages can also be awarded. These are intended to punish the person responsible and discourage similar conduct in the future. They are distinct from compensatory damages that are awarded to cover actual losses.

Medical Experts

Although advances in medicine have made childbirth more safe than ever before, there are still some risks for both the mother and baby. It is the responsibility of nurses and doctors who are involved in the birth to behave professionally and to avoid mistakes that could cause devastating harm for both the baby's and mother's health. Parents can seek damages if nurses and doctors are not professional during a delivery.

A birth injury attorney will be in close contact with you throughout the course of your case from beginning with the initial consultation until final resolution. They will gather evidence from you, such as medical records and witness testimony and also get expert opinions from a variety of sources including other doctors and specialists.

The experts will analyze the evidence and offer a formal opinion as to whether the injuries were the result of medical negligence. This will be utilized by the lawyer to decide on what to do next.

If the medical expert agrees that there was a malpractice, your lawyer will file a lawsuit against the guilty parties. This includes the obstetrician who was in charge of your pregnancy, as well as any nurses, surgeons or hospital personnel who assisted during the birth.

The costs of a lawsuit can be high due to the fees for expert witnesses, evidence, and depositions. Your lawyer will advance these expenses and reimburse you once they have negotiated an agreement on your behalf.

Preparing for trial

In general, a birth injury lawyer is a person who handles any case in which the infant was injured because of negligence by a doctor before, during or shortly after birth. When examining the case, the lawyer will take into consideration two aspects: whether there any evidence of medical negligence as well as the extent of the injury.

Often, lawyers will consult with medical experts in order to determine if a medical error led to the injury. Experts will carefully review the records of the pregnancy, the child's birth and the medical treatment received for the injuries later. They will also be able to assess the effect of the injuries suffered by the child on his or her future.

The experts will assist the lawyer in identifying which medical professionals are to be named as defendants in the lawsuit. The lawyer will then send a letter to the medical providers and their insurance companies inquiring them to respond to the claim. A reputable attorney for birth injuries will know how to negotiate with insurance companies and will be ready to bring the case to trial if needed.

Parents may be entitled to damages for past and future medical expenses that result from the injuries sustained by their child. They may also be able to claim damages for suffering and pain. These damages could be substantial particularly if the child's injuries were serious. A skilled birth injury lawyer can increase the amount of money awarded to parents.

Insurance Companies

Although a lawsuit for birth injuries can't undo the harm that was done to your child, it can help pay for future medical expenses and the cost of therapy or home modifications as well as ongoing support. The costs could seem overwhelming at first but a competent birth injury attorney will collaborate with a variety of experts to estimate the financial impact of a specific injury on your family, and how much you are legally entitled to receive compensation for these costs.

To file a claim for birth injury first, you must prove that your doctor and your child shared a professional relationship and that he or she breached this relationship by committing a negligent act prior to or during the time of your child's birth. This can be easy to prove by obtaining your medical records and hospital bills.

After this is established the lawyer will have to identify what specific actions the doctor took that were negligent and how these impacted your child's health. A birth injury lawyer will know where to find the medical documents as well as expert witness testimony and other evidence needed to prove your claim.

birth injury lawsuit will take care of the details of your case and never ask you to pay for justice. They should be willing and able to work on an ad-hoc basis. This means that they'll only get paid when they win your case and their fee is a proportion of the settlement or award.