Why You Should Hire a Birth Injury Attorney

If your child suffers a birth injury resulting from medical malpractice, you may be entitled to compensation for specific damages. These include future and past medical expenses, wages you forfeited to care for your child, as well as other damages.

You must prove that medical professionals did not fulfill their duty of care in order to be successful in your case. Your lawyer can help to prove this through the use of medical experts.

Getting Started

As a parent, you may be overwhelmed with the care of your newborn and the associated medical costs. You may also be coping with emotional trauma from the reality that your child suffered injuries to his or her birth due medical negligence.

You have the right to file a lawsuit against the hospital or doctor responsible for your child's injuries but you'll require an experienced birth injury lawyer to construct an effective case and help you negotiate an equitable settlement. An experienced attorney can handle interactions with insurance companies to file your claim and ensure that you meet the statute of limitations that applies to your case.

The first step is to obtain a free case evaluation with an experienced lawyer. During this meeting the lawyer will go over your medical records and assess whether you have an appropriate legal claim for compensation.

A good birth injury attorney has experience in handling medical malpractice claims and will know how to assess your case to determine if it is meritorious. The most effective lawyers also have an impressive track record of success. When interviewing an attorney, inquire about the number of cases they usually take on at one time and whether they have support staff to assist them in managing their current caseload. This will give you a better idea of the amount of the attention your case will receive.

Medical Records - How to Obtain They

In many cases, medical negligence during labor and delivery can cause serious injuries to babies and their families. A successful lawsuit could aid in the payment of future medical requirements of the child. Settlements can aid families in paying for necessary treatments and therapies.

A good birth injury lawyer is familiar with laws pertaining to malpractice claims in your state. They are also likely to have represented clients who have similar cases similar to yours. Although they may not be able divulge specific details of previous settlements and verdicts (because such documents often contain confidentiality provisions) An experienced attorney for birth injuries is likely to be able give you a broad idea of the way they have assisted their clients.

The birth injury lawyer you choose to hire will begin by reviewing medical records to determine if you have a case. They may also have to get expert testimony. In general, this means speaking with other doctors to get a formal opinion about whether your doctor's actions violated the standard of care during the child's birth.

If your lawyer believes you have a legitimate case, they will start a lawsuit against defendants. Typically, this would include the doctor who delivered your baby, as well as any nurses and hospital personnel involved in the birth of your child. A successful lawsuit could result in compensation for injury your family's lost income, medical bills as well as pain and discomfort.

Gathering Evidence

While advances in medicine have made childbirth safer than in the past mothers and their children still are at risk of complications. Injuries caused by a doctor's negligence could result in a lifetime of medical expenses and financial burdens for families. A birth injury lawyer can assist in obtaining financial compensation from the responsible doctors.

In order to prove that medical malpractice was the cause of the injuries, you'll need to prove it. This involves review of medical records and opinions from medical experts in order to determine whether the treatment was to standard. Medical malpractice could include birth trauma, obstetrical mistakes as well as injuries sustained during labor and birth.

An experienced lawyer for injury can help you identify the most convincing evidence and witness testimonies to back up your case. They also have the experience to negotiate with insurance companies and file an action if necessary. They are familiar with the strategies employed by insurers to minimize settlements, and they can manage the entire process.

A good birth injury lawyer will work on contingency that is, they'll pay for injury your expenses and only take a percentage if they are successful. This can save you money over time because you won't be paying an upfront fee of a significant amount.

Filing an action

When your attorney believes that you have a plausible claim, they'll start a lawsuit on behalf. It's crucial to start the process as soon feasible because the longer you wait for, the more difficult will be to build 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. Your lawyer will then negotiate with the insurance companies to settle the case. A reputable birth injury lawyer has the experience and the knowledge to be able to discern the tactics employed by insurance companies to cut down settlement offers.

Your attorney may also consult with medical and financial experts to determine the correct amount to request in the form of a damages award. The amount you receive will be based on the impact the injury has had on your family financially and emotionally. It will also include any ongoing medical treatment and estimates of cost of living.

If your lawyer is not able to reach a settlement agreement with the defendant(s) in your case, they'll take your case to trial. This is usually conducted in front a judge and jury, who decide the outcome of your claim. A successful trial verdict can often provide you with more money than a settlement would.