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How a Birth Injury Attorney Can Help Families Get the Compensation They Need While advances in medicine make birthing safer than ever before however complications can still happen following the birth of an infant If you believe your child was injured due to a birth injury contact an experienced attorney for birth injuries immediately A firm that specializes in cases involving birth injuries will typically advance all costs associated with a lawsuit and only receive payment if they receive compensation for your case Damages While advances in medicine have made childbirth much safer than it used to be but many mothers and their babies are still at risk of injuries resulting from a variety reasons This includes oxygen deprivation head trauma and infections These injuries can cause longlasting and devastating disabilities like cerebral palsy A skilled birth injury lawyer will help families obtain an award for the lifelong medical and treatment they require Your attorney will ask for all medical records and reports that relate to the injuries suffered by your baby The attorney will also hire medical experts to examine the evidence and give an official opinion on whether the medical professionals involved in the delivery of your baby breached the standard of care In a typical situation an expert will assess the medical treatment offered by the defendant with the practices that are commonly used by other medical professionals who have similar qualifications and experience Economic and noneconomic damages may be awarded Economic damages can cover expenses such as current and future medical bills lost income and property losses birth injury attorney high point economic damages include emotional distress as well as suffering In rare instances punitive damages can also be awarded These are intended to punish the party responsible and discourage similar conduct in the future They are distinct from compensatory damages which are awarded to compensate for actual loss Medical Experts Even though medical advances have made childbirth safer than ever the process is not without risk for both the mother and the baby It is the responsibility of doctors and nurses who are involved in the delivery 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 a birth injury parents may seek compensation for their damages From the initial consultation until the final resolution From the initial consultation to the final resolution a lawyer for birth injuries will closely work on your case They will collect evidence from you such as witness testimony and medical records They will also solicit expert opinions from other sources including doctors and specialists They will look over all the evidence and give an official opinion on whether the injuries were caused due to medical negligence This will be used by the lawyer to decide how to proceed If a medical professional confirms that a mistake occurred the lawyer will file suit against the accountable parties This includes the obstetrician in charge of your pregnancy as well as any surgeons nurses or hospital personnel who assisted during the birth Legal proceedings can be costly because of the many fees such as the cost of documents expert witnesses and depositions Your lawyer will cover these expenses and then reimburse you once they have settled your case Prepare for trial Generally a birth injury lawyer will take on every case where the infant suffered injuries due to negligence of a doctor prior to or shortly after the birth In analyzing the case the attorney will consider two aspects whether there are any evidences of medical negligence as well as the severity of the injury Attorneys often consult with medical experts to determine whether the injury was caused by medical negligence Experts will carefully review the records of the pregnancy the childs birth and the medical treatment received for the injuries following They will also be able to evaluate the impact of the injuries suffered by the child on their future The experts will help the lawyer to determine which medical providers should be included in the lawsuit The lawyer will send a formal letter to the medical providers and their insurers asking them to respond to the lawsuit A good birth injury attorney will be able to negotiate with insurance companies and be ready to bring the case to trial if necessary Parents could be entitled to damages for past and future medical expenses resulting from their childs injuries You may also be entitled to damages for the pain and suffering you have endured These damages could be substantial when the childs injuries were severe A skilled birth injury lawyer will be able to maximize the compensation given to parents Insurance Companies Although a lawsuit for birth injuries cannot undo what happened to your child it could pay for future medical expenses as well as the cost of therapy as well as home modifications and ongoing support These expenses may seem overwhelming at first but a skilled birth injury attorney will work with a variety of experts to assess the financial impact of a specific injury on your family and what amount you are entitled to be compensated for these costs In order to claim a birth injuries it is necessary to prove that your doctor and your child shared an official relationship and that they violated this relationship by not acting appropriately prior to or during the time of your childs birth It is easy to prove this by obtaining your medical records and hospital bills Once this has been established the lawyer will need to identify what specific actions the doctor performed that were negligent and how they impacted your childs health A birth injury lawyer will know where to find the medical evidence along with expert witness testimony and other evidence to support your claim A good birth injury lawyer will deal with the many complexities of your case and never require you to pay for justice They must be able to work on a contingent fee basis This means that theyll only be paid if they win your case and their fee is a percentage from the settlement or award
