Why You Should Hire a Birth Injury Attorney

If your child is suffering from a birth injury resulting from medical negligence, you may be entitled to compensation for special damages. You may be entitled to compensation for past and future medical expenses, wages you lost caring for your child and more.

You must prove the medical professionals breached their duty of care in order to be successful in your case. Your lawyer can assist you establish this through the assistance of medical experts.

Getting Started

You may be overwhelmed by the medical costs that accompany a newborn. You may also be coping with emotional trauma from the reality that your child suffered an injury at birth due to medical negligence.

You have the right file an action to ensure that the hospital or doctor is held accountable for the harm to your child. However, you will require a birth injury attorney who has experience to assist you make a convincing case. They can also assist you negotiate a fair settlement. An experienced attorney can manage correspondence with insurance companies and file your claim and ensure that you are within the statute of limitations applicable to your case.

The first step is to get an evaluation of your case for free with an experienced lawyer. In this session, the lawyer will review your medical records and determine whether you have an adequate legal claim to compensation.

A reputable birth injury lawyer will have experience in handling medical malpractice cases, and know how to evaluate the merits of your case. In addition, the best lawyers have a proven track of success in court. Ask the attorney how many cases they handle at any given time and if they have support staff to manage their cases. This will give you a better indication of the amount of attention your case will receive.

Medical Records - How Do I Get They

In a lot of cases medical negligence during labor and birth can cause serious injuries to infants and their families. A successful lawsuit could help pay for future care needs of the child. A settlement could help families pay necessary treatments and therapies.

An experienced birth injury attorney will be knowledgeable of the laws of your state in relation to malpractice lawsuits. They must also have experience in representing clients in similar cases to yours. They may not be able to provide specific details regarding past verdicts or settlements because such documents usually contain confidentiality clauses, but a seasoned birth injury lawyer should be able to give a general overview of how they helped their clients.

Your lawyer for birth injuries will initially review your medical records to determine if you are entitled to an action. They may require expert testimony. Generally, this involves consulting with other doctors to get an official opinion on whether the doctor's actions went against the standard of medical care during your child's birth.

If your lawyer believes that you have a valid claim, they will file a birth injury lawsuit against the defendants. This includes the nurse or doctor who delivered your child, and hospital staff and other individuals involved in its birth. A successful lawsuit could result in compensation for your family’s loss of income, medical expenses and discomfort and pain.

Gathering Evidence

Although advances in medicine have made birthing safer than ever before, both mothers and babies are still susceptible to complications. Injuries that result from negligence by a doctor can result in the cost of medical treatment for a lifetime and hardship for families. A birth injury lawyer can help them seek financial compensation from the accountable doctors.

In order to prove that medical malpractice caused the injuries, you will need to prove it. This involves review of medical records and opinions from medical experts to determine whether the treatment was in accordance with accepted standards of care. Medical malpractice may include birth trauma, obstetrical errors as well as injuries sustained during labor and delivery.

An experienced lawyer for injury will be able to identify the best witnesses and evidence to back your case. They will also have the knowledge to negotiate with insurance companies and file a lawsuit when necessary. They are familiar with the tactics employed by insurance companies to reduce settlements and manage the entire process.

A good birth injury attorney will operate on a contingency-based basis which means that they will cover the entire cost of your case and will only take a percentage of what they can win for you. This can save money over time since you won't be paying an upfront fee of a significant amount.

Filing a Lawsuit

Your attorney will file a lawsuit on your behalf if they believe you have a valid claim. It's important to start this process as soon as possible since the longer you wait longer, the more difficult it will be to develop an argument that is strong and get the right amount of compensation for your child.

Your lawyer will then send a letter to the medical provider(s) to inform the provider of your malpractice claim. The lawyer will discuss the matter with their insurance companies in order to settle the claim. A good birth injury lawyer has experience and expertise to be able to discern the tactics employed by insurance companies to limit settlement offers.

Your lawyer may also consult with financial and medical experts to determine the proper amount to request in the form of a damages award. The amount you receive will consider the impact the injury has caused your family financially and emotionally. This will include ongoing medical treatments and an estimate of the cost of living.

If your lawyer cannot reach an agreement on your case with the defendants, they will bring your claim to the court. The majority of the time, this happens before an impartial jury and a judge who then decide on the outcome of your case. A verdict that is successful in court can often pay you compensation much sooner than a settlement.