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

There are still complications that can occur during and after the birth of a baby despite the advancements in medicine making it more secure than ever. If you suspect that your child has suffered an injury during birth that could have been avoided, contact a birth injury lawyer immediately.

A firm that is specialized in cases involving birth injuries will generally advance all lawsuit expenses and only receive payment if they receive the case.

Damages

While advances in medicine have made childbirth more secure than it was before however, mothers and their infants are at a higher danger of injury due number of reasons. This includes oxygen deprivation, head trauma and infections. These injuries can cause permanent and traumatic disabilities, including cerebral palsy. An experienced attorney for birth injuries can help families receive the compensation they need to pay for lifelong treatment and support.

Your lawyer will request all medical records and reports relevant to the injuries suffered by your baby. He or she will also hire medical experts to examine the evidence and give a formal opinion about whether the medical personnel involved in the birth of your baby breached the standard of care. In a typical situation, an expert will evaluate the medical treatment offered by the defendant with practices commonly accepted by medical experts with similar experience and training.

Damages are awarded for economic and non-economic losses. Economic damages may include medical expenses, lost income and property damage. Non-economic damages include emotional distress and pain and suffering. In rare instances punitive damages could also be awarded. They are intended to penalize the at-fault party and prevent similar behavior in the future. They differ from compensatory damages that are awarded to cover actual losses.

Medical Experts

Although advances in medicine have made childbirth safer than ever, the process still involves some risk for mother and baby. It is the responsibility of nurses and doctors involved in the birth process to act professionally and avoid making mistakes that could cause catastrophic harm for the health of both parties. Parents can be able to sue for damages if the doctors and nurses fail to behave appropriately during a delivery.

From the first consultation to the final resolution, a birth injury lawyer will closely assist you with your case. They will gather evidence from you such as medical records and witness testimony as well as seek expert opinions from a variety of sources including other doctors and specialists.

These experts will examine all the evidence, and provide a formal opinion on whether the injuries occurred because of medical negligence. The lawyer will use this to decide how best to proceed.

If the medical expert confirms that a mistake was committed your lawyer will file suit against the responsible parties. This usually includes the obstetrician who was responsible for the delivery and pregnancy as well as any surgeons or nurses who assisted during the birth and the hospital in which the birth took place.

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

Prepare for the trial

In general, a birth injury lawyer takes cases where the infant suffered injuries caused by negligence of a doctor prior or shortly after delivery. The lawyer will take into consideration two factors when analyzing the case whether there is evidence of medical negligence, and the severity of the injury.

Attorneys often consult with medical experts to determine whether the injury was the result of medical negligence. They will look over all documents related to birth, pregnancy, and medical treatment for injuries. They will also be able to assess the effects of the injuries suffered by the child on his or her future.

The experts will help the lawyer determine which medical professionals are to be named as defendants in the lawsuit. The lawyer will write an email asking the medical providers and insurers to respond to the claim. A good birth injury lawyer will know how to deal with insurance companies and be prepared to take on trial should it be necessary.

Parents could be entitled to damages for future and past medical expenses that result from the injuries of their child. Additionally, you could be awarded damages for pain and suffering. These damages can add up particularly if the child's injuries are serious. A skilled birth injury lawyer will maximize the amount of compensation paid to parents.

Insurance Companies

A lawsuit for birth injuries can't erase the harm done to your child but it could help cover future medical expenses 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 of the injury you sustained and the amount of compensation you are entitled to.

In order to make a claim for birth injury it is necessary to prove that your doctor and your child shared an professional relationship, and that the doctor violated this relationship by committing a negligent act prior to or during your child's birth injury lawsuit. It is easy to prove this by collecting your hospital bills and medical records.

Once this has been established the lawyer needs to identify the specific actions the doctor made that were negligent and how these affected your child's health. An attorney for birth injuries will know what to look for and where to get the medical documentation and expert witness testimony to prove your case.

A good birth injury lawyer will manage the details of your case and will never demand you to pay for justice. They should work on a contingency fee basis which means that they receive payment if they win your case. The amount they receive is a percentage of the settlement or award you receive.