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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 child despite advances in medical technology making it safer than ever. If you believe your child suffered a birth injury that could have been prevented by contacting a birth injury lawyer immediately.

A firm that is specialized in cases involving birth injuries will generally advance all costs associated with a lawsuit and only be paid if they receive compensation for your case.

Damages

While medical advances have made childbirth more secure than it used to be, many mothers and babies are still at risk of injuries due to a variety of reasons. These include oxygen deprivation head trauma, and infections. These injuries can cause permanent and devastation to the body such as cerebral palsy. A reputable birth injury lawyer can assist families to receive an award for the lifelong medical treatment and care they require.

Your lawyer will request all medical records and reports related to the injuries suffered by your baby. He or she may also engage medical experts to review the evidence and give a formal opinion on whether the medical professionals who delivered your baby violated the standards of care. In a typical case, an expert will evaluate the medical treatment provided by the defendant to the standard practices used by other medical professionals who have similar education and experience.

Damages are awarded for economic and non-economic losses. Economic damages can include medical expenses loss of income, property damage. Non-economic damages include emotional distress and pain and suffering. In rare cases punitive damages can also be awarded. These are meant to penalize the person responsible and discourage similar conduct in the future. These are separate from the compensatory damages which are awarded to cover actual losses.

Medical Experts

Although advances in medicine have made childbirth more secure than ever before, the process still poses a risk for both the mother and the baby. It is the responsibility of doctors and nurses who are involved in the delivery to act professionally, and to avoid making mistakes that could have disastrous consequences for both mother and baby's health. If they fail to follow through and cause birth injuries parents may be able to claim compensation for the damage.





An attorney for birth injuries will work closely with you throughout the course of your case from the initial consultation to the final resolution. They will gather evidence from you such as 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 provide an official opinion on whether the injuries resulted from negligence on the part of a medical professional. This will be used by the lawyer to decide on what to do next.

If the medical expert is of the opinion that there was a malpractice, your lawyer will file a lawsuit against the guilty parties. This typically consists of the obstetrician who was in charge of the delivery and pregnancy and any nurses or surgeons who assisted during the birth as well as the hospital where the birth occurred.

The cost of a lawsuit may be high due to the costs for expert witnesses, evidence, and depositions. Your lawyer will pay these costs and reimburse you once they have negotiated a settlement on your behalf.

Prepare for Trial

In general, a birth injury lawyer will take on every case where the infant was injured due to negligence of a doctor prior to, during or shortly after delivery. When reviewing the case the lawyer will take into consideration two things: whether or not there are any indications of medical negligence and the extent of the injury.

Often, the attorneys will consult with medical experts in order to determine if a medical error caused the injury. The experts will carefully examine records from the pregnancy, the child's birth and the medical treatment for the injuries afterward. They will also be able to evaluate the effects of the injuries on the child and their future.

The experts will assist the lawyer in identifying the medical providers who will be named as defendants in the lawsuit. The lawyer will send an inquiry letter to medical providers and insurers to respond to the claim. A reputable birth injury lawyer will be able to negotiate with the insurance companies and will be prepared to take the case to trial should it be necessary.

Parents may be entitled to compensation for past and future medical expenses related to the injuries sustained by their child. They could also receive damages for suffering and pain. These damages can be significant when the child's injuries were severe. A skilled birth injury lawyer can help maximize the amount of money paid to the parents.

Insurance Companies

While a birth injury lawsuit will not reverse the damage that occurred to your child, it may cover future medical expenses and the cost of therapy, home modifications, and ongoing support. The costs could seem overwhelming, but a seasoned birth injury lawyer will work with a team of experts to assess the financial impact on your family due to a specific injury and how much compensation you are entitled to.

The first step in a birth injury lawsuit is to establish that the doctor who handled your case had an established professional relationship with you and your child, and that they violated that relationship by acting negligently either prior to or after the child's birth. It is easy to demonstrate this by looking up 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 effect they had on your child's wellbeing. A birth injury lawyer will know what to look for and where to obtain the medical evidence and expert witness testimony to demonstrate your case.

A competent birth injury attorney will take care of all the complexities of your case. They will never ask you to pay out of your pocket to seek justice. They should be willing and able to work on an ad-hoc basis. This means that they will only be paid if they win your case, and their fee is a percentage from the settlement or award.