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

Complications are still possible in the course of the birth of a child despite advancements in medical technology making it safer than ever. If you suspect your child was injured due to a birth injury, you should contact an experienced birth injury attorney right away.

A firm that concentrates on birth injury cases will typically cover all litigation costs, and only be compensated when they receive an award in your case.

Damages

While medical advances have made childbirth more secure than ever before but mothers and infants are at a higher risk of injury for a number of reasons. This includes oxygen deprivation, head trauma and infections. These injuries can lead to devastating disabilities, such as cerebral palsy. A skilled lawyer for birth injuries can help families get compensation for the lifetime medical and treatment they require.

Your attorney will seek all relevant medical records and reports relating to your baby's injuries. He or she may also hire medical experts who will analyze the evidence and provide an opinion in writing on whether the medical professionals who delivered your baby did not follow the standards of care. In a typical case an expert will compare medical care provided by defendant to practices that are commonly used by medical professionals with similar experience and qualifications.

Damages are awarded for economic and non-economic losses. Economic damages cover expenses such as current and future medical bills, lost income and property losses. Non-economic damages include emotional distress and suffering and pain. In rare cases punitive damages can also be awarded. These are designed to punish the at-fault party and deter similar behavior in the future. They are different from compensatory damages that are granted to recover actual losses.

Medical Experts

Although advances in medicine have made childbirth more secure than ever, the procedure is not without risk for both mother and child. It is the responsibility of nurses and doctors who are involved in the delivery to behave professionally and avoid mistakes that could result in devastating consequences for the health of both parties. Parents may be able to sue for damages if the nurses and doctors fail to behave appropriately during the delivery.

A birth injury lawyer will work closely with you for the duration of your case, from the initial consultation to the final resolution. They will collect evidence from you, such as witness testimonies and medical records and will also seek expert opinions from many sources, including other doctors and specialists.

The experts will examine the evidence and give a formal opinion as to whether the injuries were the result of medical negligence. The lawyer will use this to decide how best to proceed.

If the medical professional agrees with you that malpractice occurred the lawyer will file suit against the accountable 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 costs of a lawsuit may be high due to the fees for expert witnesses, documents, and depositions. Your lawyer will pay for these costs, and then reimburse you once they have settled your case.

Preparing for a trial

A birth injury lawyer will take on any case where the baby was injured due to a doctor's negligence, whether before or during or shortly after birth. When reviewing the case the lawyer will look at two aspects: whether there any evidence of medical negligence, as well as the severity of the injury.

Often, lawyers will consult with medical experts in order to determine if a medical error led to the injury. Experts will carefully review documents from the pregnancy, birth of the child and the medical treatment given to the injuries afterward. They will also be able to assess the impact of the injuries on the child and their future.

The experts will assist the lawyer in determining which medical providers are to be named as defendants in the lawsuit. The lawyer will write an email to the medical providers and insurers to respond to the claim. A good birth injury lawyer should know how to deal with insurance companies and be ready to take on trial if needed.

Parents may be entitled for damages for future and past medical expenses that result from the injuries of their child. You could also be entitled to compensation for the pain and suffering you have endured. These damages can be significant when the child's injuries were serious. A skilled birth injury lawyer can help maximize the amount of compensation paid to the parents.

Insurance Companies

Although a lawsuit for birth injuries cannot undo what happened to your child, it could cover future medical expenses, the cost of therapy, home modifications and on-going support. These expenses may seem overwhelming, but a seasoned birth injury lawyer will collaborate with a variety of experts to determine the financial impact on your family due to the injury you sustained and how much compensation you are entitled to.

The first step in a birth injury lawsuit is to establish that the doctor in your case had an professional relationship with you and your child, and that they violated the trust by committing a breach during or before the child's birth. You can easily prove this by collecting your hospital bills and medical records.

After this is established the lawyer will have to identify the specific actions the doctor took that were negligent and how they impacted your child's health. A birth injury lawyer will know where to find the medical documents along with expert witness testimony and other evidence needed to prove your claim.

A reputable birth injury lawyer will manage the many complexities of your case and never require you to pay for justice. They should be able and willing to work on an ad-hoc basis. This means that they only get paid when they win your case and their fee is a portion of the settlement or award.