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The History Of Birth Injury Lawyers In 10 Milestones
How a Birth Injury Attorney Can Help Families Get the Compensation They Need

While advances in medicine make births more secure than ever, complications can still arise following the birth of an infant. If you suspect that your child suffered a preventable birth injury, you should contact an experienced birth injury lawyer immediately.

A firm that is specialized in birth injury cases will typically advance all lawsuit expenses and only receive payment if they receive the case.

Damages

While medical advances have made childbirth a lot safer than it was previously, many mothers and babies are still susceptible to injuries due to a variety reasons. The lack of oxygen and head trauma are among the most common. These injuries can result in devastating disabilities such as cerebral palsy. A skilled birth injury lawyer can help families get the compensation they require to cover lifelong medical treatment and care.

Your attorney will ask for all medical records and reports that relate to the injury of your baby. They will also engage medical experts to analyze the evidence and provide an official opinion on whether the medical personnel involved in the birth of your baby did not meet the standards of care. In a typical situation, an expert will compare the medical care provided by the defendant to the practices commonly accepted by other medical professionals with similar training and experience.

Damages may be awarded for economic and non-economic losses. Economic damages include medical expenses, lost income and property damage. Non-economic damages include emotional distress, pain and suffering. In rare cases punitive damages could also be awarded. They are intended to punish the at-fault party and prevent similar conduct in the future. They are separate from compensation damages that are awarded to cover actual losses.

Medical Experts

While medical advances have made childbirth safer than ever, the process is not without risk for both mother and child. It is the responsibility of doctors and nurses involved in the birth process to be professional and avoid mistakes that could result in devastating consequences for the health of both parties. Parents can claim damages if nurses and doctors are not professional during a delivery.

An attorney for birth injuries will work closely with you throughout the duration of your case, starting from the initial consultation to the final resolution. They will gather evidence from you, such as witness statements and medical records and will also seek expert opinions from numerous sources including other doctors and specialists.

They will look over all evidence and provide an official opinion as to whether the injuries are by medical negligence. This will be used by the lawyer to determine the best way to proceed.


If the medical expert is of the opinion that malpractice was committed the lawyer will file a lawsuit against those responsible parties. This includes the obstetrician who was in charge of your pregnancy, as well as any surgeons, nurses or hospital staff who were involved in the delivery.

The cost of a lawsuit can be expensive due to the charges for expert witnesses, records and depositions. Your lawyer will cover these costs and then reimburse you when they have won an agreement on your behalf.

Prepare for Trial

Generally, a birth injury lawyer will take on any case in which the infant suffered injuries due to doctor negligence before, during or shortly after birth. The lawyer will take into consideration two things when reviewing the case to determine if there evidence of medical negligence and how serious the injury.

Often, lawyers will consult with medical experts to determine whether medical malpractice led to the injury. They will review the records of the pregnancy, birth of the child and the medical treatment given to the injuries following. They will also be in a position to determine the effects of the injuries suffered by the child on their future.

The experts will assist the lawyer in identifying the medical providers who will be named as defendants in the lawsuit. The lawyer will issue an email asking the medical providers and insurers to respond to the claim. A reputable attorney for birth injuries will know how to negotiate with the insurance companies and be prepared to take the case to trial if necessary.

Parents may be entitled to damages for future and past medical costs related to the injuries sustained by their child. Additionally, you could be awarded damages for your pain and suffering. These damages can mount up, especially if the child's injuries are serious. A reputable birth injury lawyer will maximize the amount of compensation given to parents.

Insurance Companies

A birth injury lawsuit won't erase the harm done to your child, but it can help pay for future medical expenses therapies, home modifications, and ongoing support. These costs might appear overwhelming at first, but a competent birth injury lawyer will collaborate with a variety of experts to calculate the financial impact of a particular injury on your family and how much you're entitled to receive in compensation for these expenses.

The first step in a birth injury lawsuit is to prove that the doctor who handled your case had a professional relationship with you and your child and that they breached that relationship by acting negligently prior to or during your child's delivery. This may be easy to prove through the collection of your medical documents and hospital bills.

Once this is established, the lawyer will have to determine what specific actions the doctor took that were negligent and how they impacted your child's health. An attorney for birth injuries will know what to look for and how to obtain the medical evidence and expert witness testimony needed to support your case.

A good birth injury attorney can handle the entire complexity of your case and will never ask you to pay out of your pocket to seek justice. They should be willing to work on a contingency basis which means that they get paid if they win your case. The amount they earn is a percentage of the settlement or award you receive.

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