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How a Birth Injury Attorney Can Help Families Get the Compensation They Need Complications are still possible during and after the birth of a child, despite medical advances that make it safer than ever. If you suspect that your child suffered an injury during birth that could have been avoided contact a birth injuries lawyer immediately. A firm that is specialized in birth injury cases generally advances all lawsuit expenses and only receive payment if they win the case. Damages While advances in medicine have made childbirth more secure than it used to be, 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 frequent. These injuries can lead to lasting and severe disabilities, including cerebral palsy. A reputable birth injury lawyer can assist families in obtaining an award for the lifelong medical treatment and care they require. Your lawyer will ask for all relevant medical records and reports relating to your baby's injury. The attorney may also hire medical experts to analyze the evidence and provide an opinion in writing on whether the medical personnel who delivered your baby did not follow the standard care. In the typical scenario, an expert will evaluate the medical treatment offered by the defendant with practices commonly accepted by medical experts with similar training and experience. Economic and non-economic damages can be awarded. Economic damages may include medical expenses as well as lost income and property damage. Non-economic damages include emotional distress as well as pain and suffering. In rare cases punitive damages could also be awarded. They are intended to punish the party responsible and discourage similar conduct in the future. They are different from compensatory damages awarded to recover actual losses. Medical Experts While medical advances have made childbirth safer than ever before, the process remains a risky one for both the mother and the baby. It is the responsibility of doctors and nurses who are involved in the delivery to behave in a professional manner and avoid making mistakes that could cause catastrophic harm for the health of both parties. Parents may sue for damages if nurses and doctors are not professional during the delivery. A birth injury lawyer will be in close contact with you throughout the course of your case, starting from beginning with the initial consultation until final resolution. They will gather evidence from you such as witness testimonies and medical records and also get expert opinions from various sources, including other doctors and specialists. The experts will analyze 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 the best way to proceed. If a medical professional is of the opinion that malpractice was committed then your lawyer will file an action against the accountable parties. This typically includes the obstetrician who was in charge of the delivery and pregnancy as well as any surgeons or nurses who helped during the delivery as well as the hospital where the birth occurred. Legal proceedings can be costly as a result of the numerous fees, including those for records, expert witnesses, and depositions. Your lawyer will pay these expenses, and will reimburse you once they settle your case. Preparing for trial Typically, a birth injury lawyer takes any case in which the infant suffered injuries caused by negligence of a doctor prior or shortly after birth. The lawyer will consider two factors when analyzing the case: whether there is evidence of medical negligence and how severe the injury is. Often, the attorneys will consult with medical experts to determine whether medical malpractice caused the injury. The experts will go through all documents related to pregnancy, childbirth and medical treatment for injuries. birth injury lawyer duluth will also be able to assess the effect of the injuries sustained by the child on 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 write an email asking the medical providers and insurers to respond to the complaint. A good birth injury attorney will be able to negotiate with insurance companies and be ready to go to trial if needed. Parents may be entitled to damages for future and past medical expenses resulting from the injuries sustained by their child. They may also be awarded damages for pain and suffering. The amount of damages could be substantial when the child's injuries are severe. An experienced birth injury lawyer will be able to maximize the compensation given to parents. Insurance Companies A birth injury lawsuit won't undo the damage done to your child but it can help pay for future medical costs, therapy, home modifications and ongoing support. These costs may seem overwhelming, but an experienced birth injury lawyer will collaborate with a number of experts to determine the financial impact on your family's finances from an injury, and how much compensation you are entitled to. To make a claim for birth injuries you must first establish that your doctor and your child shared an professional relationship, and that he or she breached this relationship by committing a negligent act prior to or during the time of your child's birth. You can easily prove this by collecting your medical bills and hospital bills. Once this is established, the lawyer will have to determine the specific actions that the doctor took that were negligent and how they affected the health of your child. An attorney for birth injuries will know what to look for and where to get the medical records and expert witness testimony needed to demonstrate your case. A reputable birth injury lawyer will manage the complexities of your claim and will never demand you to pay for justice. They should be willing to work on a contingency basis, meaning that they only get paid if they win your case. The amount they get is a percentage of the settlement or award you receive.