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

The risk of complications can be present during and after the birth of a child despite advances in medical technology that make it safer than ever. If you suspect that your child suffered from a preventable birth injury, consult an experienced birth injury attorney immediately.

A firm that specializes in birth injury cases will generally advance all lawsuit expenses and only be paid if they win the case.

Damages

Although advances in medicine have made childbirth more secure than ever before, many mothers and their babies are still at risk of danger of injury due variety of reasons. This includes oxygen deprivation, head trauma and infections. These injuries can lead to devastating disabilities such as cerebral palsy. A good birth injury attorney can help families receive the compensation they require to pay for lifelong treatment and support.

Your attorney will request all pertinent medical records and reports relating to the injury your baby sustained. The attorney may also hire medical experts to analyze the evidence and give a formal opinion on whether the medical professionals who delivered your baby did not follow the standard of care. In a typical situation, an expert will examine the medical care offered by the defendant with the practices generally accepted by other medical professionals with similar qualifications and experience.

Non-economic and economic damages can 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 can also be awarded. They are designed to punish the person responsible and discourage similar behavior in future. These are separate from the compensatory damages given to compensate for actual losses.

Medical Experts

Although advances in medicine have made childbirth more secure than ever, the procedure still involves some risk for both mother and child. It is the responsibility of doctors and nurses involved in a birth to be professional and avoid making mistakes that could result in devastating consequences for the health of both parties. If they fail to do so and cause a birth injury, parents can claim compensation for the damage.

A birth injury attorney will work closely with you throughout the course of your case from the initial consultation through to the final resolution. They will collect evidence from you like medical records and witness testimonies and will also seek expert opinions from many sources, including other doctors and specialists.

The experts will examine the evidence and give an official opinion on whether the injuries were caused by medical negligence. This will be used by the lawyer to determine how to proceed.

If the medical professional agrees that malpractice was committed then your lawyer will file a lawsuit against those responsible parties. This typically consists of the obstetrician in charge of the delivery and pregnancy and any nurses or surgeons who assisted during the delivery and the hospital where the birth occurred.

Legal proceedings can be costly due to the many costs, such as those for records, expert witnesses and depositions. Your lawyer will advance these expenses and pay you back once they have negotiated settlement on your behalf.

Prepare for the trial

Generally, a birth injury lawyer takes any case where the infant was injured due to negligence of a doctor prior to, during or shortly after birth. In analyzing the case the lawyer will look at two things: whether there is evidence of medical negligence and the severity of the injury.

Often, the attorneys will consult with medical experts to determine if medical malpractice led to the injury. They will review documents from the pregnancy, birth of the child and the medical treatment received for the injuries following. They will also be in a position to evaluate the impact of the injuries sustained by the child on their future.

The experts will assist the lawyer in determining the medical providers who will be named as defendants in the lawsuit. The lawyer will send an inquiry letter to medical providers and insurers to respond to the complaint. A good birth injury attorney will be able to negotiate with the insurance companies and will be ready to make the case go to trial should it be necessary.

Parents may be entitled to damages for medical expenses arising from the injuries suffered by their child. Additionally, you could be awarded damages for the pain and suffering you have endured. These damages can mount up when the child's injuries are severe. A good birth injury attorney can maximize the amount of compensation paid to the parents.

Insurance Companies

While a birth injury lawsuit will not reverse the damage that occurred to your child, it may be used to pay for future medical expenses for therapy, the cost, home modifications and on-going support. The costs could seem overwhelming at first however, a reputable birth injury lawyer will work with multiple experts to estimate the financial impact of a specific injury to your family and how much you are entitled to 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 violated the trust by committing a breach before or during your child's delivery. It is easy to prove this by collecting your hospital bills and medical records.

Once this is established, the lawyer must determine the specific actions that the doctor made that were negligent and how these affected the health of your child. A birth injury attorney will know what to look for and how to obtain 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 never ask you to pay out of pocket to pursue justice. They should work on a basis of contingency fees which means that they receive payment if they win your case. The amount they receive is a percentage of the settlement or award you receive.