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

Although advances in medicine have made births more secure than ever, complications can still arise following the birth of an infant. If you suspect that your child has suffered injuries to the birth that could have been prevented contact a birth injuries lawyer right away.

A firm that focuses on birth injury cases is likely to pay for all litigation costs and only be paid when they are successful in winning settlement in your case.

Damages

While advances in medicine have made childbirth safer than it was previously yet many mothers and babies are still at risk of injuries resulting from a variety reasons. This includes oxygen deprivation, head trauma, and infections. These injuries can cause long-lasting and devastating disabilities such as cerebral palsy. A skilled birth injury lawyer will help families obtain an award for the lifelong medical treatment and care they require.

Your lawyer will ask for all relevant medical records and lawyers reports related to the injury your baby sustained. The attorney can also employ medical experts to review the evidence and provide an official opinion as to whether the medical personnel who delivered your baby did not follow the standards of care. In a typical case an expert will compare medical care provided by the defendant to methods that are commonly used by medical experts with similar experience and qualifications.

Damages can be awarded for economic and non-economic losses. Economic damages may include medical expenses loss of income, property damage. Non-economic damages include emotional distress and pain and suffering. In rare instances, punitive damages are also awarded. These are intended to punish the at-fault party and prevent similar conduct in the future. These are separate from the compensatory damages granted to recover actual losses.

Medical Experts

Although medical advances have made childbirth safer than ever before, the process still poses a risk for both baby and mother. It is the responsibility of nurses and doctors who are involved in the delivery to act professionally, and to avoid mistakes which could result in devastating consequences for both the baby and mother's health. Parents may be able to sue for damages if the doctors and nurses are not professional during the delivery.

From the first consultation to the final resolution From the initial consultation to the final resolution, a lawyer for birth injuries will be closely involved in your case. They will gather evidence from you such as witness statements and medical records and also get expert opinions from a variety of sources including other specialists and lawyers doctors.

The experts will examine the evidence and offer a formal opinion as to whether the injuries resulted from negligence on the part of a medical professional. This will be used by the lawyer to determine how to proceed.

If the medical expert is of the opinion that there was a malpractice, your lawyer will file a lawsuit against the responsible parties. This includes the obstetrician who was in charge of your pregnancy, as well as any surgeons, nurses or hospital personnel who assisted during the birth.

The cost of litigation can be quite high as a result of the many costs, such as those for records, expert witnesses and depositions. Your lawyer will cover these expenses, and reimburse you once they settle your case.

Preparing for trial

A birth injury lawyer will work any case in which the baby was injured as a result of doctor negligence, either prior to, during, or shortly after birth. When reviewing the case the attorney will consider two aspects: whether there are any evidences of medical negligence, as well as the extent of the injury.

Often, lawyers will consult with medical experts to determine if medical negligence led to the injury. They will review the records of the pregnancy, birth of the child and the medical treatment that was received for the injuries following. They will also be able assess the impact of the injuries on the child as well as his or her future life.

The experts will assist the lawyer identify the medical providers that should be named in the lawsuit. The lawyer will write an email to the medical providers and insurers to respond to the claim. A reputable birth injury lawyer will know how to negotiate with the insurance companies and be ready to go to trial if necessary.

Parents could be entitled to damages for past and future medical expenses resulting from their child's injuries. They could also receive damages for pain and suffering. These damages can be significant when the child's injuries were serious. An experienced birth injury lawyer can help maximize the amount of compensation awarded to the parents.

Insurance Companies

Although a lawsuit for birth injuries can't undo the harm that was done to your child, it can pay for future medical expenses for therapy, the cost, home modifications, and ongoing support. These costs might seem overwhelming at first but a good birth injury lawyer will work with a variety of experts to assess the financial impact of a particular injury on your family, and what amount you are entitled to be compensated for these expenses.

The first step in a birth injury claim is to establish that the doctor involved in your case had a professional relationship with your child and you, and that they breached the trust by committing a breach either prior to or after the child's birth. This may be easy to prove through the collection of your medical documents and hospital bills.

Once this has been established the lawyer needs to identify the specific actions the doctor performed that were negligent and how these impacted your child's health. A birth injury lawyer will know where to get the medical records, expert witness testimony and other evidence needed to prove your claim.

A good birth injury lawyer will handle the complexity of your case and never require you to pay for justice. They must be able and willing to work on an hourly basis. This means they will only be paid if they win your case and their fee is a portion of the settlement or award.