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

While advances in medicine make childbirth safer than ever but complications can still occur after the birth of the baby. If you suspect that your child suffered an unavoidable birth injury, speak to an experienced birth injury attorney immediately.

A firm that specializes in birth injury cases will generally advance the entire cost of a lawsuit. They will only get paid when they win the case.

Damages

Although advances in medicine have made childbirth more secure than it was before however, mothers and their babies are still at high risk of injury for a number of reasons. Head trauma and oxygen deprivation are among the most common. These injuries can cause devastating disabilities like cerebral palsy. A good birth injury attorney can help families receive the compensation they require to pay for lifelong treatment and support.

Your lawyer will ask for all relevant medical records and reports related to your baby's injury. The attorney will also employ medical experts to review the evidence and provide an official opinion on whether the medical experts involved in your baby's birth violated the standard of medical care. In a typical case an expert will compare medical care provided by the defendant to methods typically accepted by medical professionals with similar experience and training.

Economic and non-economic damages are able to be awarded. Economic damages include medical costs, lost income, and property damage. Non-economic damages include emotional distress, suffering and pain. In rare instances, punitive damages are also awarded. These are meant to penalize the person responsible and discourage similar behavior in future. They are separate from compensation damages that are given to compensate for actual losses.

Medical Experts

Although medical advances have made childbirth safer than ever, the procedure remains a risky one for both mother and child. It is the responsibility of nurses and doctors who are involved in the delivery to be professional and avoid mistakes that could cause catastrophic harm for the health of both parties. If they fail to act accordingly and cause a birth injury parents may claim compensation for their injuries.

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

The experts will analyze the evidence and give an official opinion on whether the injuries were caused by medical negligence. This will be used by the lawyer to decide on the best way to proceed.

If the medical professional confirms that a mistake was committed the lawyer will bring suit against the accountable parties. This includes the obstetrician in charge of your pregnancy as well as any nurses, surgeons or hospital staff who were involved in the delivery.

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

Preparing for trial

Generally, a birth injury lawyers injury lawyer takes cases where the baby suffered injuries due to negligence of a doctor prior to or shortly after delivery. The attorney will look at two aspects when evaluating the case: whether there is evidence of medical negligence, and how severe the injury is.

Often, lawyers will consult with medical experts in order to determine if medical malpractice led to the injury. They will review records from the pregnancy, the child's birth and the medical treatment received for the injuries that occurred afterward. They will also be able analyze the effects of injuries on the child and his or her future life.

The experts will assist the lawyer decide the medical providers that should be included in the lawsuit. The lawyer will send an email asking the medical providers and insurers to respond to the claim. A good birth injury attorney will know how to negotiate with insurance companies and will be ready to go to trial should it be necessary.

Parents may be entitled to damages for past and future medical expenses resulting from the injuries sustained by their child. Additionally, you could be awarded damages for your pain and suffering. These damages can be significant when the child's injuries are severe. A good birth injury attorney can help maximize the amount of money paid to the parents.

Insurance Companies

While a birth injury lawsuit cannot undo what happened to your child, it could be used to pay for future medical expenses and the cost of therapy, home modifications and on-going support. These expenses may appear overwhelming at first, but a skilled birth injury attorney will work with a variety of experts to calculate the financial impact of a particular injury on your family and how much you're legally entitled to receive compensation for these expenses.

The first step in a birth injury claim is to establish that the doctor who handled your case had an official relationship with you and your child and that they breached the trust by committing a breach either prior to or after your child's delivery. You can easily demonstrate this by looking up your medical bills and hospital bills.

Once this is established after this is established, the lawyer must identify the specific actions performed by the doctor who were negligent and the effect they caused to your child's well-being. A birth injury attorney will know what to look for and where to get the medical records and expert witness testimony to prove your case.

A good birth injury attorney can handle the entire complexity of your case. They should not require you to pay out of your pocket to seek justice. They should be able to work on a contingency basis which means they only get paid if they win your case. The amount they earn is a percentage of the settlement or award you receive.