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

The risk of complications can be present during and after a child's birth despite advancements in medical technology making it safer than ever. If you suspect that your child suffered an injury during birth that could have been prevented by contacting a birth injury lawyer right away.

A firm that concentrates on birth injuries will typically finance all litigation costs and only pay when they receive the case and receive compensation.

Damages

While advances in medicine have made childbirth much safer than it used to be yet many mothers and babies are still at risk of injuries resulting from a variety reasons. These include oxygen deprivation head trauma and infections. These injuries can cause long-lasting and devastating disabilities such as cerebral palsy. A skilled birth injury lawyer can help families receive the compensation they need to pay for lifelong treatment and support.

Your lawyer will request all medical records and other reports pertaining to the injury suffered by your baby. He or she will also engage medical experts to analyze the evidence and give an opinion regarding whether the medical personnel involved in the birth of your baby breached the standard of care. In a typical instance, an expert will examine the medical treatment offered by the defendant with the standard practices used by other medical professionals who have similar qualifications and experience.

Economic and non-economic damages may be awarded. Economic damages include medical costs, lost income and property damage. Non-economic damages include emotional distress and suffering and pain. In rare circumstances, punitive damages may also be awarded. These are designed to punish the party at fault and discourage similar conduct in the future. They differ from compensatory damages which are awarded to recover actual losses.

Medical Experts

While medical advances have made childbirth safer than ever, the process still poses a risk for both mother and child. It is the responsibility of nurses and doctors involved in the birth to behave in a professional manner, and to avoid mistakes that can have devastating consequences for both baby and mother's health. Parents may seek damages if nurses and doctors fail to act professionally during the delivery.

A birth injury attorney will be in close contact with you throughout the course of your case, beginning from beginning with the initial consultation until final resolution. They will collect evidence from you like medical records and witness testimonies as well as seek expert opinions from many sources, including other doctors and specialists.





The experts will go over all evidence and provide an opinion in writing on whether the injuries occurred by medical negligence. This will be utilized by the lawyer to decide on how to proceed.

If the medical expert is of the opinion that malpractice was committed the lawyer will file a lawsuit against those responsible parties. This includes the obstetrician in charge of your pregnancy, as well as any nurses, surgeons or hospital staff who helped during the delivery.

Legal proceedings can be costly due to the numerous fees, including those for documents, expert witnesses, and depositions. Your lawyer will pay these costs and reimburse you once they have negotiated a settlement on your behalf.

Prepare for Trial

Generally, a birth injury lawyer is a person who handles any case where the baby suffered injuries due to negligence of a doctor prior to or shortly after delivery. The lawyer will consider two factors when analyzing the case to determine if there is evidence of medical negligence, and the severity of the injury.

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

The experts will help the lawyer determine which medical providers should be included in the lawsuit. The lawyer will write a letter asking the medical providers and insurers to respond to the complaint. A good birth injury attorney will know how to negotiate with insurance companies and will be prepared to take 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. Additionally, you could be awarded damages for pain and suffering. These damages can be substantial when the child's injuries were severe. A skilled birth injury lawyer will maximize the compensation awarded to parents.

Insurance Companies

Although a lawsuit for birth injuries will not reverse the damage that occurred to your child, it can cover future medical expenses for therapy, the cost, home modifications and on-going support. The costs could appear overwhelming at first, but a good birth injury attorney will collaborate with several experts to calculate the financial impact of any injury on your family and the amount you are entitled to be compensated for these expenses.

In birth injury lawyers to file a claim for birth injury first, you must prove that your doctor and your child had an official relationship and that they breached that relationship by committing a negligent act prior to or during the birth of your child. It is easy to prove this by obtaining your medical records and hospital bills.

Once this is established, the lawyer will need identify the specific actions performed by the doctor that were negligent and the impact they had on the health of your child. A birth injury lawyer will know where to locate the medical evidence along with expert witness testimony and other evidence that can be used to prove your claim.

A good birth injury lawyer will take care of the many complexities of your case. They should never ask you to pay out of pocket to pursue justice. They should be willing to work on a contingent fee basis which means they only get paid if they win your case. The amount they earn is a portion of the settlement or award you receive.