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

Although medical advances make childbirth more secure than ever before however, complications can still happen following the birth of a baby. If you suspect that your child suffered from a preventable birth injury, you should contact an experienced attorney for birth injuries immediately.

A firm that specializes in cases involving birth injuries will generally advance all lawsuit expenses and only receive payment if they receive compensation for your case.

Damages

Although advances in medicine have made childbirth safer than it used to be yet many mothers and babies are still at risk of injuries due to a variety reasons. These include oxygen deprivation, head trauma and infections. These injuries can cause devastating disabilities such as cerebral palsy. An experienced attorney for birth injuries will assist families to receive the compensation they require to pay for lifelong treatment and care.

Your attorney will request all pertinent medical records and reports relating to the baby's injury. The attorney can also hire medical experts to analyze the evidence and provide a formal opinion on whether the medical personnel who delivered your baby violated the standard of care. In a typical situation, an expert will assess the medical care provided by the defendant to practices commonly accepted by medical experts with similar training and experience.

Economic and non-economic damages may be awarded. Economic damages include medical expenses, lost income and property damage. Non-economic damages could include emotional distress as well as suffering and pain. In rare circumstances, punitive damages can also be awarded. These are intended to punish the party at fault and discourage similar behaviour in the future. They are different from compensatory damages awarded to cover actual losses.

Medical Experts

Although advances in medicine have made childbirth more secure than ever, the process still poses a risk for both the mother and the baby. It is the responsibility of nurses and doctors involved in the delivery to behave in a professional manner, and to avoid making mistakes that could cause devastating harm for both mother and baby's health. When they fail to do this and cause birth injuries, parents can claim compensation for their injuries.

An attorney for birth injuries will be in close contact with you throughout the duration of your case, from the initial consultation through to the final resolution. They will gather evidence from you like medical records and witness testimonies and will also seek expert opinions from a variety of sources including other doctors and specialists.

These experts will review the evidence and provide a formal opinion as to whether the injuries resulted from medical negligence. The lawyer will then use this to decide how best to proceed.

If the medical professional is of the opinion that malpractice was committed the lawyer will file a suit against the parties at fault. This typically consists of the obstetrician who was in charge of the delivery and pregnancy and any nurses or surgeons who assisted in the delivery as well as the hospital where the birth took.

The costs of a lawsuit could be high due to the costs for expert witnesses, records and depositions. Your lawyer will pay these expenses and then reimburse you once they have settled your case.

Preparing for the Trial

In general, a birth injuries lawyer will take on any case where the infant was injured caused by negligence of a doctor prior or shortly after birth. In analyzing the case the lawyer will take into consideration two things: whether there is evidence of medical negligence as well as the severity of the injury.

Attorneys often consult medical experts to determine if the injury was the result of medical negligence. They will review the records of the pregnancy, the child's birth and the medical treatment that was received for the injuries following. They will also be able to assess the effect of the injuries suffered by the child on his or her future.

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

Parents may be entitled for damages for future and past medical costs related to the injuries of their child. They may also be able to claim damages for pain and suffering. These damages can be substantial, especially if a child's injuries were severe. An experienced attorney for birth injuries can help maximize the compensation that is awarded to parents.

Insurance Companies

Although a lawsuit for birth injuries cannot undo what happened to your child, it may help pay for future medical expenses and the cost of therapy as well as home modifications and ongoing support. The costs could seem overwhelming at first, however, a reputable birth injury attorney will work with a variety of experts to estimate the financial impact of any injury to your family and what amount you are entitled to receive in compensation for these costs.

The first step in a birth injury lawyer injury claim is to prove that the doctor in your case had a professional relationship with you and your child and that they breached the trust by committing a breach either prior to or after the birth of your child. It is easy to establish this by obtaining your medical bills and hospital bills.

After this is established the lawyer will need to identify the specific actions the doctor made that were negligent and how these impacted the health of your child. An attorney for birth injuries will know what to look for and where you can get the medical evidence and expert witness testimony needed to demonstrate your case.

A competent birth injury attorney can handle the entire complexity of your case. They will never require you to come out of pocket to pursue justice. They should be willing and able to work on a contingent fee basis. This means they will only be paid if they win your case, and their fee is a portion of the settlement or award.