Why You Should Hire a Birth Injury Attorney

If your child has suffered a birth injury that was caused by medical malpractice, you may be entitled to compensation for damages. You may be entitled to compensation for your past and future medical costs or wages you were unable to earn while caring for your child, and more.

You will need to demonstrate that medical professionals have violated their duty of care in order to be successful in your case. Your lawyer can assist you to prove this through the use of medical experts.

Getting Started

As a parent, you may be overwhelmed with the care of your baby and the associated medical bills. You may also be dealing with the emotional trauma that comes with the birth injury your child suffered.

You have the right to file a lawsuit to hold the doctor or hospital accountable for the harm they caused to your child. However, you'll require a birth injury attorney with experience to help you create a convincing case. They can also assist you negotiate an acceptable settlement. An experienced attorney can handle correspondence with insurance companies, file your claim, and ensure that you have met the statute of limitations applicable to your situation.

The first step is to request an initial free case assessment with an experienced lawyer. During the meeting, the lawyer will review your medical records and determine whether you have an appropriate legal claim for compensation.

A good birth injury attorney is one who has handled medical malpractice claims and will know how to evaluate your case for merit. The best lawyers also have a track record of success. Ask the attorney how many cases they can handle at a time and if they have support staff in place to handle their caseload. This will give you an idea of how much attention your case will receive.

Finding Medical Records

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

An experienced birth injury attorney is familiar with the laws in your state with regard to malpractice lawsuits. They should have handled cases similar to yours. While they may not be able share specific details of settlements and verdicts (because such documents often contain confidentiality clauses), an experienced birth injury lawyer should be able to give an overall view of the ways they have assisted their clients.

Your lawyer for birth injuries will initially review your medical records to determine if you are entitled to a claim. They may also be required to obtain expert testimony. This typically involves speaking with other physicians to get an official opinion about whether your doctor breached the usual care of your baby's birth.

If your lawyer determines that you have a valid case, they'll bring a lawsuit against the defendants. This includes the nurse or doctor who delivered your child as well as hospital personnel and anyone else involved in the birth. A successful lawsuit may get you compensation for the loss of your family's income, as well as out of pocket medical expenses, as well as suffering.

Gathering Evidence

While advances in medicine have made childbirth safer than in the past mothers and their infants still face some risk of complications. Accidents caused by a medical professional's negligence can result in the cost of medical expenses for a lifetime and financial burdens for families. An attorney for birth injuries can help families seek financial compensation from the accountable doctors.

A successful claim will require evidence that the injuries resulted from medical negligence. This will require looking over medical records and getting opinions from medical experts in order to determine if the treatment was up to the standard. Medical malpractice can include birth trauma, obstetrical error, and injuries sustained during labor and birth.

A seasoned injury lawyer will be able identify the best witnesses and evidence to help your case. They are also capable of negotiating with insurance firms and file a lawsuit when necessary. They know the tactics used by insurers to reduce settlements, and they can handle the entire process.

A reputable birth injury lawyer will be able to work on a contingency fee which means that they will cover all expenses related to your case, and only collect a portion of what they are able to win for you. This could save you money in the end because you don't have pay an upfront fee.

Filing a Lawsuit

Your lawyer will file a lawsuit on your behalf if they believe you have an appropriate claim. It is crucial to start this process as soon as possible, because the longer you wait and the longer you wait, the more difficult it will be for you to make an argument that is solid and secure an appropriate amount of compensation for your child.

The medical provider(s) will then receive a letter from your lawyer informing them of the malpractice claim. Your lawyer will then meet with insurance companies to try and resolve the matter. A reputable birth injury lawyer has the expertise and experience to know the tactics insurance companies employ to reduce settlement offers.

Your lawyer can consult with medical and financial experts to determine the correct amount to be requested in the form a damages award. The amount will take into consideration the impact that the injury has affected your family financially and emotionally. It will also include any ongoing medical treatment and estimates of cost of living.

If your lawyer is unable come to a deal with the defendant(s) in your case, they will bring your case to trial. This usually happens before a judge and jury, who will decide the outcome of your claim. A successful trial can often mean that you receive the amount you need much earlier than a settlement.