Why You Should Hire a Birth Injury Attorney

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

To prevail in your case, you must show that medical experts violated their duty of care. Your lawyer can help you establish this through the assistance of medical experts.

Getting Started

You might be overwhelmed by the medical bills due to a baby. You could also be suffering from the emotional trauma that comes with your child's birth injury.

You have the legal right to file a lawsuit to ensure that the hospital or doctor is held accountable for the injury to your child. However, you'll need a birth injury attorney who has the experience to help build a strong case. They can also assist you negotiate an acceptable settlement. An experienced attorney can handle interactions 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 request a free case evaluation with an experienced lawyer. During the meeting your lawyer will go over all of your medical records to determine whether you have a valid claim for compensation.

A good birth injury attorney will have experience handling medical malpractice cases and knows how to evaluate the merits of your case. In addition, the best lawyers have a proven of court success. When interviewing an attorney, inquire about how many cases they typically manage at a time and if they have support staff to help manage their ongoing caseload. This will give you an idea of the level of attention your case will receive.

Inquiring about Medical Records

In many instances medical mistakes during labor and delivery can cause serious injuries to infants as well as their families. A successful lawsuit could help pay for future care requirements of the child. Settlements can help families pay for needed treatments and therapies.

A good birth injury attorney is familiar with the laws in your state that pertain to malpractice lawsuits. They must also have experience in representing clients who have similar cases similar to yours. While they may not be able to provide specific details about past settlements and verdicts (because the documents usually contain confidentiality clauses), an experienced birth injury attorney is likely to be able give an overall view of how they've helped their clients.

The birth injury lawyer you choose to hire will start by reviewing medical records to determine whether you have a case. They may require expert testimony. This typically involves speaking with other physicians to get an official opinion on whether your doctor's actions were in breach of normal guidelines for your baby's birth injury attorneys.

If your lawyer believes you have a legitimate case, they will file a lawsuit against the defendants. This typically includes the doctor who delivered your baby as well as nurses and hospital personnel who were involved in the birth of your child. A successful lawsuit could result in compensation for your family's lost income, medical bills and pain and discomfort.

Gathering Evidence

Although advances in medicine have made birthing safer than before, mothers and infants have to be aware of complications. Accidents that result from negligence of a doctor could cause the cost of medical treatment for a lifetime and hardship for families. A birth injury attorney can assist them in obtaining financial compensation from the accountable doctors.

A successful claim requires proof that the injuries resulted from medical malpractice. This involves review of medical records and opinions from medical experts to determine if the treatment was in accordance with accepted standards of medical care. Acute injuries that are deemed medical malpractice include obstetrical errors, birth trauma, and injuries sustained during labor and birth.

An experienced injury lawyer will be able identify the most reliable witnesses and evidence to prove your case. They will also have the knowledge to negotiate with insurance companies and also file an action when needed. They know the tactics used by insurers to minimize settlements, and they can handle the entire process.

A good birth injury attorney will operate on a contingency-based basis that is, they will pay all costs associated with the case and only receive a percentage of what they get for you. This could save you money in the long run as you won't have to worry about paying an up-front cost.

Filing a Lawsuit

If your lawyer believes you have a valid claim, they will bring a lawsuit on your behalf. It is important to begin this process as soon as possible, because the longer you delay and the longer you wait, the more difficult it will be for you to build an effective case and receive an appropriate amount of compensation for your child.

The medical provider(s) will then be served with a letter from your attorney to inform them of the malpractice claim. Your lawyer will then negotiate with the insurance companies to try and settle the case. A good birth injury attorney has the experience and knowledge to be able to discern the strategies insurers use to minimize settlement offers.

Your lawyer may also consult with financial and medical experts to determine the appropriate amount to be requested in the form a damages award. The amount you request will take into consideration the impact that the accident has caused your family financially as well as emotionally. It will also include any ongoing medical treatment and estimates of cost of living.

If your lawyer is unable to come to a deal with the defendant(s) in your case, they will take your claim to trial. This usually happens before a judge or jury, who will decide the outcome of your claim. A successful trial verdict will often pay you compensation much sooner than a settlement would.