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

While advances in medicine make childbirth more secure than ever before but complications can still occur in the course of birth and after the birth of a baby. If you believe your child suffered a preventable birth injury, contact an experienced birth injury attorney right away.

A firm that is specialized in cases involving birth injuries generally advances all lawsuit expenses and only get paid when they receive the case.

Damages

Although advances in medicine have made childbirth more secure than it was previously but many mothers and their babies are still at risk of injuries resulting from a variety reasons. These include oxygen deprivation, head trauma, and infections. These injuries can cause catastrophic disabilities such as cerebral palsy. A skilled lawyer for birth injuries can assist families in obtaining compensation for the lifetime medical and treatment they require.

Your attorney will ask for all medical records and reports relevant to the injury suffered by your baby. They may also employ medical experts to analyze the evidence and provide a formal opinion on whether the medical personnel who delivered your baby have violated the standards of care. In a typical case an expert will evaluate the medical treatment provided by the defendant to methods that are commonly used by medical professionals with similar experience and training.

Damages can be awarded for economic and non-economic losses. Economic damages include medical expenses, lost income, and property damage. Non-economic damages include emotional distress, suffering and pain. In rare cases punitive damages can also be awarded. They are designed to punish the party at fault and discourage similar behaviour in the future. These are separate from the compensation damages that are awarded to recover actual losses.

Medical Experts

Even though medical advancements have made childbirth more safe than ever before, there remain certain risks for both mother and baby. It is up to the doctors and nurses involved in a birth to behave in a professional manner and avoid making mistakes that could have devastating consequences for the health of both parties. Parents can sue for damages if nurses and doctors are not professional during a delivery.

From the initial consultation up to the final resolution, a birth injury lawyer will work closely with your case. They will gather evidence from you like witness statements and medical records and will also seek expert opinions from many sources, including other doctors and specialists.

These experts will review all the evidence and give an opinion in writing on whether the injuries occurred by medical negligence. The lawyer will use this to decide on the best way to proceed.

If the medical professional agrees that malpractice was committed then your lawyer will file a lawsuit against the guilty parties. This usually includes the obstetrician who was in charge of the delivery and pregnancy and any nurses or surgeons who assisted during the delivery and the hospital in which the birth took place.

The cost of litigation can be quite high due to 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.

Preparing for Trial

A birth injury lawyer will work any case in which the baby suffered injuries due to a doctor's negligence, either prior to, during, or shortly after delivery. The lawyer will consider two factors when analyzing the case: whether there is evidence of medical negligence, and the severity of the injury.

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

The experts will assist the lawyer in identifying the medical providers to be named as defendants in the lawsuit. The lawyer will then send a letter to the medical providers and their insurers asking them to reply to the claim. A reputable attorney for birth injuries will be able to negotiate with the insurance companies and will be prepared to take the case to trial if necessary.

Parents may be entitled to damages for future and past medical costs related to the injuries of their child. Additionally, you could be awarded damages for pain and suffering. These damages can be significant particularly if the child's injuries were serious. An experienced attorney for birth injuries can maximize the compensation given to parents.

Insurance Companies

A lawsuit for birth injury Lawyers injuries can't erase the harm done to your child, but it could cover future medical costs such as therapy, home improvements, and ongoing support. These costs may seem daunting, but a skilled birth injury lawyers injury lawyer will work with a team of experts to assess the financial impact on your family's finances from 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 involved in your case had an official relationship with you and your child. They must also prove that they breached this relationship by acting negligently either prior to or after your child's delivery. It is easy to demonstrate this by looking up your hospital bills and medical records.

Once this is established after this is established, the lawyer must determine the specific actions taken by the doctor that were negligent and the effect they affected your child's health. An attorney for birth injuries will know what to look for and where to obtain the medical documentation and expert witness testimony needed to establish your case.

A competent birth injury attorney will take care of the many complexities of your case and should never require you to come out of pocket to pursue justice. They should be willing to work on a contingency fee basis which means that they get paid if they win your case. The amount they receive is a percentage of the settlement or award you receive.