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

Although advances in medicine make childbirth more secure than ever before however, complications may still occur in the course of birth and after the birth of a baby. If you suspect your child was injured due to a birth injury, consult an experienced birth injury lawyer right away.

A firm that concentrates on birth injuries will typically advance all litigation expenses and only be paid when they are successful in winning the case and receive compensation.

Damages

While advances in medicine have made childbirth a lot safer than it used to be yet many mothers and babies are still at risk for injuries from a variety of reasons. This includes oxygen deprivation, head trauma, and infections. These injuries can cause lasting and severe disabilities such as cerebral palsy. A good birth injury lawyer can help families get an award for the lifelong treatment and medical care they require.

Your lawyer will request all medical records and reports relevant to the injuries sustained by your baby. They will also engage medical experts to review the evidence and give a formal opinion about whether the medical personnel involved in your baby's delivery did not meet the standards of care. In the typical scenario, an expert will assess the medical care provided by the defendant to methods typically accepted by medical experts who have the same experience and education.

Damages are awarded for economic and non-economic losses. Economic damages are for expenses including future and present medical bills, lost income and property losses. Non-economic damages include emotional distress as well as pain and suffering. 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. These are different from compensatory damages which are awarded to recover actual losses.

Medical Experts

While medical advances have made childbirth safer than ever, the procedure is not without risk for mother and baby. It is the responsibility of the nurses and doctors involved in the delivery to behave professionally and to avoid making mistakes that could have disastrous consequences for both the baby and mother's health. If they fail to act accordingly and cause a birth injury parents may claim compensation for the damage.

An attorney for birth injuries will be in close contact with you throughout the entire duration of your case, from the initial consultation until the final resolution. They will collect evidence from you, such as witness testimony and medical records. They will also get expert opinions from other sources such as doctors and specialists.

These experts will examine all evidence and provide an official opinion as to whether the injuries are due to medical negligence. The lawyer will then use this to decide how best to proceed.

If the medical professional agrees that there was a malpractice and your lawyer files a lawsuit against the responsible parties. This typically consists of the obstetrician who was responsible for your pregnancy and delivery as well as any surgeons or nurses who assisted during the delivery as well as the hospital where the birth took place.

The cost of a lawsuit can be high as a result of the numerous fees, including the cost of documents, expert witnesses, and depositions. Your lawyer will pay these costs, and then reimburse you once they have settled your case.

Prepare for trial

Typically, a birth injury lawyer will consider any case in which the baby suffered injuries due to negligence of a doctor prior to, during or shortly after birth. The lawyer will examine two things when reviewing the case in determining whether there is evidence of medical negligence and how serious the injury.

In most cases, attorneys consult with medical experts to determine whether medical malpractice led to the injury. The experts will go through all documentation related to childbirth, pregnancy and medical treatment for injuries. They will also be in a position to assess the effects of the injuries suffered by the child on his or her future.

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

Parents may be entitled to damages for past and future medical costs related to the injuries sustained by their child. You may also be entitled to damages for pain and suffering. These damages can be significant in the event that the child's injuries are severe. A reputable birth injury lawyer will maximize the compensation awarded to parents.

Insurance Companies

Although a lawsuit for birth injuries cannot undo what happened to your child, it could help pay for future medical expenses, the cost of therapy, home modifications, and ongoing support. These expenses may seem daunting, but a skilled birth injury lawyer will work with a variety of experts to determine the financial effects on your family from an injury, and how much compensation you are entitled to.

To make a claim for birth injury first, you must prove that your doctor and your child have a professional relationship and that he or she breached this relationship by failing to act properly prior to or during the birth of your child. It is easy to prove this by collecting your medical bills and hospital bills.





Once this is established, the lawyer will need identify the specific actions taken by the doctor who were negligent and the effect they had on the health of your child. A birth injury attorney will know what to look for and how to obtain the medical evidence and expert witness testimony to prove your case.

A reputable birth injury lawyer will take care of all the complexities of your case. They should never require you to pay out of pocket to pursue justice. They should be able to work on a contingent fee basis which means they only be paid if they succeed in winning your case and the amount they earn is a portion of the settlement or award you receive.