How a Birth Injury Attorney Can Help Families Get the Compensation They Need Although medical advances make birthing safer than ever before but complications can still occur following the birth of an infant. If you believe your child suffered an injury to their birth that could have been avoided, contact a birth injury lawyer right away. A firm that focuses on birth injury cases is likely to cover all litigation costs, and only be paid if they obtain an award in your case. Damages While medical advances made childbirth more secure than it was before but many mothers and their babies are still at risk of danger of injury due variety of reasons. Head trauma and oxygen deprivation are among the most common. These injuries can cause catastrophic disabilities, such as cerebral palsy. An experienced birth injury lawyer will assist families to receive the compensation they need to cover lifelong medical 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 an official opinion on whether the medical personnel who delivered your baby have violated the standard of care. In a typical case, an expert will compare medical care provided by the defendant to practices generally accepted by medical professionals with similar experience and training. Damages are awarded for economic and non-economic losses. Economic damages are for expenses like future and current medical bills, lost income and property losses. Non-economic damages include emotional distress and pain and suffering. In some cases, punitive damages are also awarded. They are intended to punish the person responsible and discourage similar behaviour in the future. They differ from compensatory damages that are awarded to compensate for actual loss. Medical Experts Although advances in medicine have made childbirth safer than ever before, there are still some risks for both the mother and baby. It is the responsibility of doctors and nurses who are involved in the delivery to be professional and to avoid mistakes that could have disastrous consequences for both mother and baby's health. Parents can claim damages if doctors and nurses fail to act professionally during the delivery. From the initial consultation up to the final resolution An attorney for birth injuries will closely assist you with your case. They will collect evidence from you such as medical records and witness testimonies, and also obtain expert opinions from various sources, including other doctors and specialists. These experts will examine all evidence and provide an opinion in writing on whether the injuries were because of medical negligence. This will be utilized by the lawyer to decide how to proceed. If the medical professional agrees that there was a malpractice the lawyer will file an action against the accountable parties. This typically includes the obstetrician responsible for the delivery and pregnancy, any nurses or surgeons who assisted during the birth and the hospital where the birth took place. Lawsuits can be expensive due to the numerous fees, including the cost of documents, expert witnesses and depositions. Your lawyer will pay these costs and then reimburse you when they have won settlement on your behalf. Prepare for trial A birth injury lawyer will take on any case where the baby was injured due to a doctor's negligence, prior to or during or shortly following delivery. The lawyer will consider two factors when analyzing the case whether there is evidence of medical negligence, and how severe the injury is. Often, lawyers will consult with medical experts to determine whether medical malpractice caused the injury. They will review documents from the pregnancy, the child's birth and the medical treatment for the injuries that occurred afterward. They will also be able to assess the impact of the injuries on the child as well as the future of the child. The experts will assist the lawyer in identifying which medical providers are to be named as defendants in the lawsuit. The lawyer will issue an inquiry letter to medical providers and insurers to respond to the complaint. A reputable birth injury lawyer will be able to negotiate with insurance companies, and be prepared to go to trial if necessary. Parents may be entitled for damages for past and future medical expenses resulting from the injuries suffered by their child. You may also be entitled to damages for pain and suffering. These damages can be significant in the event that a child's injuries were serious. An experienced attorney for birth injuries will be able to maximize the amount of compensation paid to the parents. Insurance Companies Although a lawsuit for birth injuries can't undo the harm that was done to your child, it could cover future medical expenses as well as the cost of therapy, home modifications, and ongoing support. The costs could seem overwhelming at first but a competent birth injury attorney will work with a variety of experts to assess the financial impact of any injury to your family and how much you're entitled to receive in compensation for these expenses. In order to make a claim for birth injuries you must first establish that your doctor and your child shared an established professional relationship and he or she breached this relationship by failing to act properly prior to or during the birth of your child. It is easy to prove this by collecting your medical records and hospital bills. Once this is established After this is established, the lawyer needs to identify the specific actions taken by the doctor that were negligent and the effect they had on the health of your child. A birth injury lawyer will know what to look for and where to obtain the medical records and expert witness testimony to prove your case. A good birth injury lawyer will manage the details of your case and never require you to pay for justice. They should be able to work on a contingency fee basis which means that they only get paid if they win your case and the amount they earn is a percentage of the settlement or award you receive.