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

Complications can still occur during and after a child's birth despite advancements in medical technology that make it safer than ever. If you suspect that your child was injured due to a birth injury lawsuits injury, you should contact an experienced birth injury lawyer right away.

A firm that is specialized in cases involving birth injuries will generally advance all legal costs and only get paid when they receive the case.

Damages

While medical advances have made childbirth safer than ever before, many mothers and their babies are still at high risk of injury for a variety reasons. These include oxygen deprivation, head trauma, and infections. These injuries can cause catastrophic disabilities such as cerebral palsy. An experienced birth injury lawyer can assist families in obtaining the compensation they require to fund lifelong care and support.

Your attorney will ask for all medical records and other reports pertaining to the injury suffered by your baby. The attorney will also hire medical experts to review the evidence and give an official opinion on whether the medical experts involved in the delivery of your baby breached the standard of care. In a typical case, an expert will evaluate the medical care provided by the defendant with the standard practices used by other medical professionals with similar training and experience.

Non-economic and economic damages can be awarded. Economic damages can cover expenses like current and future medical bills, lost income, and property losses. Non-economic damages include emotional distress, suffering and pain. In rare instances punitive damages could also be awarded. They are intended to punish the at-fault party and prevent similar behavior in the future. They are distinct from compensatory damages which are granted to recover actual losses.

Medical Experts

While advances in medicine have made childbirth more safe than ever before, there are still some risks for both mother and baby. It is up to the nurses and doctors involved in the birth process to be professional and avoid making mistakes that could cause catastrophic harm for the health of both parties. If they fail to do this and cause birth injuries parents may seek compensation for their damages.

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

The experts will analyze the evidence and provide a formal opinion as to whether the injuries resulted from negligence on the part of a medical professional. This will be utilized by the lawyer to determine what to do next.

If the medical professional agrees with you that malpractice was committed, your lawyer will file a lawsuit against the responsible parties. This usually includes the obstetrician who was in charge of the delivery and pregnancy and any nurses or surgeons who helped during the delivery, as well as the hospital where the birth took.

The cost of litigation can be quite high because of the many costs, such as the cost of records, expert witnesses, and depositions. Your lawyer will advance these costs and pay you back once they have negotiated a settlement on your behalf.

Prepare for trial

A birth injury lawyer will take on any case in which the baby suffered injuries due to doctor negligence, whether before or during or shortly after delivery. The lawyer will take into consideration two aspects when evaluating 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 if medical negligence led to the injury. These experts will review all records pertaining to the pregnancy, childbirth, and medical treatment for injuries. They will also be in a position to determine the effects of the injuries sustained by the child on his or her future.

The experts will help the lawyer determine the medical providers to be named as defendants in the lawsuit. The lawyer will send a formal letter to the medical providers and their insurance companies inquiring them to respond to the claim. A reputable birth injury lawyer will be able to negotiate with insurance companies and be prepared to bring the case to trial should it be necessary.

Parents may be entitled to damages for medical expenses resulting from their child's injuries. You could also be entitled to compensation for your pain and suffering. These damages can add up when the child's injuries are severe. An experienced birth injury lawyer will be able to maximize the amount of money that is awarded to parents.

Insurance Companies

A birth injury lawsuit can't erase the harm done to your child but it can cover future medical costs such as therapy, home improvements, and ongoing support. These expenses may seem overwhelming, but a knowledgeable birth injury lawyer will collaborate with a number of experts to determine the financial impact on your family's finances from an injury, and how much compensation you are entitled to.

The first step in a birth injury lawsuit is to establish that the doctor who was involved in your case had an established professional relationship with you and your child and that they violated this relationship by acting negligently either prior to or after the birth of your child. This can be simple to prove by obtaining your medical documents and hospital bills.

Once this is established, the lawyer must identify what specific actions the doctor performed that were negligent and how these affected the health of your child. A birth injury law firm injury lawyer will know what to look for and how to obtain the medical documentation and expert witness testimony needed to prove your case.

A reputable birth injury lawyer can handle the entire complexity of your case and will never ask you to pay out of your pocket to seek justice. They must be able and willing to work on a contingent fee basis. This means that they will only be paid if they win your case and their fee is a proportion of the settlement or award.