Does your infant suffer from brain damage due to oxygen deprivation during birth? If you strongly believe that the physician failed to monitor your baby properly for fetal distress, you may have a good argument for a birth injury lawsuit. Discover in this article how a lawyer can help you get compensated for the brain damage that your child is suffering from due to possible malpractice.

How Does a Birth Injury Lawsuit Begin?

Your lawsuit will begin with the lawyer trying to determine if you have a chance of actually winning. The lawyer will ask questions concerning the quality of care that you received throughout your pregnancy. He or she will also ask if the physician ever mentioned that your baby was in distress before birth. If the physician mentioned fetal distress before birth, you must give details as to how you were cared for at the time. The lawyer will basically determine if the physician was aware that your baby was in danger and didn't do anything about it.

How Will Medical Malpractice Be Proven?

The lawyer will need evidence that the physician was aware that your baby was in distress before birth. You will need to provide a copy of your medical records so they can act as proof of the type of treatment you received under the physicians care. The lawyer will also get the opinion of other physicians as to what they would have done when caring for a pregnant woman in your situation. An investigator may also be hired by the lawyer to discover if there are any other current or previous malpractice cases against the physician. If other women that were treated by the physician experienced their infants being injured at birth, they might be asked to speak in court.

What Will a Lawyer Charge to Assist with a Birth Injury Lawsuit?

The lawyer will charge for assisting with your lawsuit based on how much money he or she is able to help you win in the settlement. You will basically not pay any money unless you win the case. However, if the lawsuit is successful, be prepared to give your lawyer at least 20% or more of what is received in the settlement. The percentage that is paid to the lawyer will also depend on if the lawsuit is settled before going to court. Talk to a malpractice lawyer, like those at Snyder & Wenner, P.C., for more information. 

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