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How a Birth Injury Attorney Can Help Families Get the Compensation They Need Although advances in medicine have made childbirth more secure than ever before, complications can still arise following the birth of an infant. If you suspect that your child was injured due to a birth injury, you should contact an experienced birth injury lawyer immediately. A firm that concentrates on birth injury cases will usually pay for all litigation costs and only pay when they receive compensation in your case. Damages While medical advances made birthing safer than ever before but mothers and infants are at a higher risk of injury due to variety reasons. Oxygen deprivation and head trauma are among the most frequent. These injuries can result in long-lasting and devastating disabilities such as cerebral palsy. A reputable birth injury lawyer can help families get compensation for the lifetime medical and treatment they require. Your attorney will seek all relevant medical records and reports related to your baby's injury. He or she will also engage medical experts to examine the evidence and provide an opinion regarding whether the medical personnel involved in the birth of your baby breached the standard of care. In a typical case an expert will assess the medical treatment offered by the defendant with the standard practices used by other medical professionals who have similar education and experience. Economic and non-economic damages may be awarded. Economic damages can include medical expenses, lost income, and property damage. Non-economic damages include emotional distress, suffering and pain. In rare cases punitive damages can also be awarded. They are intended to punish the person responsible and discourage similar behavior in future. They are distinct from compensatory damages which are awarded to cover actual losses. birth injury lawyer fort wayne While medical advances have made childbirth more safe 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 behave in a professional manner, and to avoid mistakes that could cause devastating harm for both mother and baby's health. If they fail to act accordingly and cause birth injuries parents may claim compensation for their injuries. From the initial consultation to the final resolution A birth injury lawyer will be closely involved in your case. They will collect evidence from you, like witness testimony and medical records. They will also seek expert opinions from other sources like doctors and specialists. These experts will review all the evidence and give a formal opinion on whether the injuries are by medical negligence. This will be utilized by the lawyer to decide on how to proceed. If the medical expert agrees that malpractice was committed then your lawyer will file an action against the accountable parties. This typically consists of the obstetrician in charge of the delivery and pregnancy, any nurses or surgeons who assisted in the delivery as well as the hospital where the birth took place. Lawsuits can be expensive due to the many fees such as the cost of documents, expert witnesses, and depositions. Your lawyer will pay these costs and then reimburse you once they have negotiated an agreement on your behalf. Prepare for trial A birth injury lawyer will take any case in which the baby suffered injuries due to doctor negligence, prior to or during or shortly after birth. When reviewing the case the lawyer will take into consideration two things: whether there are any indications of medical negligence, as well as the extent of the injury. Often, attorneys consult with medical experts in order to determine if medical malpractice caused the injury. The experts will carefully examine documents from the pregnancy, birth of the child and the medical treatment that was received for the injuries later. They will also be able analyze the effects of injuries on the child as well as his or her future life. The experts will assist the lawyer determine which medical professionals should be named in the lawsuit. The lawyer will send a letter to the medical providers and their insurers and ask them to respond to the lawsuit. A reputable attorney for birth injuries will be able to negotiate with the insurance companies and will be prepared to bring the case to trial should it be necessary. Parents could be entitled to damages for past and future medical expenses related to the injuries sustained by their child. They may also be awarded damages for their pain and suffering. These damages can be significant particularly if the child's injuries were serious. An experienced attorney for birth injuries can maximize the amount of compensation that is that is awarded to parents. Insurance Companies A birth injury lawsuit won't erase the harm done to your child but it could cover future medical expenses therapy, home modifications and ongoing support. These expenses may seem overwhelming, but a knowledgeable birth injury lawyer will work with a variety of experts to determine the financial impact on your family's finances from an injury, and how much compensation you are entitled to. To file a claim for birth injury first, you must prove that your doctor and your child shared an established professional relationship and they violated this relationship by committing a negligent act prior to or during the time of your child's birth. This can be easy to prove by obtaining 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 who were negligent and the impact they affected your child's health. A birth injury lawyer will know where to find the medical documentation, expert witness testimony and other evidence that can be used to prove your claim. A reputable birth injury lawyer will take care of the details of your case and will never demand you to pay for justice. They should be able to work on a contingency basis, meaning that they only receive payment if they win your case. The amount they get is a percentage of the settlement or award you receive.