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How a Birth Injury Attorney Can Help Families Get the Compensation They Need While advances in medicine make childbirth more secure than ever before however complications may still occur following the birth of a baby If you believe your child suffered from a preventable birth injury contact an experienced attorney for birth injuries immediately A firm that focuses on birth injury cases will usually pay for all litigation costs and only be compensated when they receive settlement in your case Damages While medical advances made childbirth safer than ever before many mothers and their babies are still at high risk of injury for a number of reasons This includes oxygen deprivation head trauma and infections These injuries can result in lasting and severe disabilities like cerebral palsy birth injury attorney edinburg can help families receive the compensation they require to cover the cost of lifelong treatment and support Your attorney will request all relevant medical records and reports related to the babys injury They will also employ medical experts to examine the evidence and give an official opinion on whether the medical personnel involved in the birth of your baby violated the standard of care In a typical case an expert will evaluate the medical treatment offered by the defendant with the practices generally accepted by other medical professionals with similar training and experience Economic and noneconomic damages may be awarded Economic damages are for expenses like current and future medical bills lost income and property losses Noneconomic damages may include emotional distress pain and suffering In rare cases punitive damages may also be awarded These are meant to penalize the person who is at fault and deter similar behavior in the future They differ from compensatory damages which are awarded to recover actual loss Medical Experts While medical advances have made childbirth more secure than ever before the process still involves some risk for both baby and mother It is the responsibility of the nurses and doctors who are involved in the delivery to be professional and to avoid mistakes that could cause devastating harm for both the babys and mothers health Parents may sue for damages if nurses and doctors do not behave professionally during a 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 collect evidence from you like witness testimony and medical records They will also solicit expert opinions from other sources including doctors and specialists The experts will examine the evidence and provide an official opinion on whether the injuries were the result of medical negligence This will be used by the lawyer to decide on how to proceed If a medical professional agrees with you that malpractice occurred Your lawyer will file suit against the accountable parties This includes the obstetrician who was in charge of your pregnancy any nurses surgeons or hospital personnel who helped during the delivery The costs of a lawsuit can be expensive due to the charges for expert witnesses records and depositions Your lawyer will cover these expenses and will reimburse you once they have settled your case Prepare for trial In general a birth injury lawyer will consider any case where the baby suffered injuries because of negligence by a doctor before or shortly after the birth When examining the case the lawyer will be looking at two things whether there are any evidences of medical negligence as well as the severity of the injury In most cases attorneys consult with medical experts to determine if medical malpractice caused the injury These experts will review all documentation related to childbirth pregnancy and medical treatment for injuries They will also be able examine the effects of the injuries on the child and 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 then send a letter asking the medical providers and insurers to respond to the complaint A reputable attorney for birth injuries will be able to negotiate with the insurance companies and will be ready to take the case to trial if necessary Parents may be entitled to damages for medical expenses related to the injuries sustained by their child You could also be entitled to compensation for the pain and suffering you have endured These damages can be substantial in the event that a childs injuries were severe An experienced attorney for birth injuries can help maximize the amount of compensation that is paid to the parents Insurance Companies While a birth injury lawsuit cant reverse the harm done to your child it can pay for future medical expenses as well as the cost of therapy as well as home modifications and ongoing support These costs can seem overwhelming but a knowledgeable birth injury lawyer will work with a number of experts to determine the financial impact on your familys finances from an injury and the amount of compensation you are entitled to The first step in a birth injury lawsuit is to prove that the doctor involved in your case had an established professional relationship with you and your child and that they breached this relationship by acting negligently before or during the childs birth This can be easy to prove through the collection of your medical records and hospital bills Once this is established after this is established the lawyer must identify the specific actions performed by the doctor who were negligent and the effect they had on your childs wellbeing A birth injury lawyer will know where to locate the medical documentation along with expert witness testimony and other evidence that can be used to prove your claim A good birth injury attorney will handle all the complexities of your case They will never ask you to pay out of pocket to pursue justice They should work on a contingent fee basis which means that they receive compensation if they prevail in your case The amount they earn is a percentage of the settlement or award you receive
