Why You Should Hire a Birth Injury Attorney

If your child suffers a birth injury due to medical malpractice, you could be entitled to compensation for specific damages. You could be entitled to compensation for your past and future medical expenses as well as wages you've lost while caring for your child, and more.

To be successful in your claim, you will need to show that medical experts violated their duty to care. Your lawyer can help you to prove this by making use of medical experts.

Getting Started

As a parent, you may be overwhelmed with taking care of a newborn and the associated medical bills. Additionally, you could be dealing with emotional trauma due to the fact that your child suffered an injury to their birth due to medical negligence.

You are entitled to file an action against the hospital or doctor accountable for the injury to your child however, you'll require an experienced birth injury lawyer to construct a strong case and help you obtain an equitable settlement. An experienced attorney can handle communications with insurance companies to file your claim and ensure you meet the statute of limitations applicable to your case.

The first step is to obtain an initial free case assessment with an experienced lawyer. In this session the lawyer will go over your medical records and determine whether you have an adequate legal claim to compensation.

A good birth injury attorney will have experience handling medical malpractice claims and know how to assess your case for merit. In addition, the best attorneys have a track of court success. When interviewing an attorney inquire about how many cases they typically manage at one time and whether they have a support staff to manage their ongoing caseload. This will give you an idea of how much the attention your case will receive.

Obtaining Medical Records

In many instances, medical mistakes during labor and delivery can result in serious injuries to infants as as their families. A successful lawsuit could assist in paying for the future healthcare requirements of the child. While a settlement will not reverse the harm done by medical professionals however, it can assist families pay for necessary treatments and therapies.

A reputable birth injury lawyer is well-versed in the laws in your state pertaining to malpractice lawsuits. They should have handled cases similar to yours. Although they might not be able to divulge specific details of settlements or verdicts (because the documents usually contain confidentiality provisions), an experienced attorney for birth injuries should be able to give you a general idea of the ways they have assisted their clients.

Your lawyer for birth injuries will initially review your medical records to determine whether you have a claim. They may also need to get expert testimony. Generally, this involves consulting with other physicians to obtain an opinion regarding whether your doctor's actions were in violation of the standards of care during the child's birth.

If your lawyer concludes that you do have an appropriate claim the lawyer will start a lawsuit for birth injuries against the defendants. Typically, this would include the doctor who delivered your baby, as in addition to any nurses or hospital personnel involved in the birth of your child. A successful lawsuit could result in compensation for your family’s lost income, medical expenses as well as discomfort and pain.

Gathering Evidence

While advances in medicine have made birthing more secure than ever before, babies and mothers are still at risk of complications. Injuries that result from negligence by a doctor can result in an entire lifetime of medical expenses and hardship 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. That will involve review of medical records and opinions from medical experts to determine if the treatment complied with accepted standards of medical care. The types of injuries that could be considered medical malpractice could include obstetrical errors or birth traumas, as well as injuries incurred during labor and delivery.

An experienced lawyer for injury will be able identify the most reliable witnesses and evidence to back your case. They are also in a position to negotiate with insurance firms and file a lawsuit in the event of need. They are aware of the pressure tactics that insurance companies employ to cut down on settlements, and can manage the entire process from beginning to the end.

A professional with experience in birth injuries will work on contingency that means they pay for your expenses and charge you a percentage of the amount if they win. This can help you save money over time as you won't have to pay an enormous amount upfront.

Filing an action

If your attorney believes you have a legitimate claim, they'll file a lawsuit on your behalf. It is important to begin this process as quickly as you can, since the longer you delay in the process, the more difficult it'll be for you to make an impressive case and win an adequate amount of money for your child.

The medical provider(s) will then receive the letter from your lawyer to inform them of the malpractice claim. Your lawyer will then engage with insurance companies to try and settle the case. A good birth injury attorney has the expertise and experience to be able to discern the strategies insurance companies employ to reduce settlement offers.

Your attorney can also consult with financial and medical experts to determine the correct amount to be requested in the form a damages award. This amount will be based on the impact the injury has caused your family financially and emotionally. It will also include any ongoing medical treatments and a cost of living estimate.

If your lawyer cannot reach a settlement for your case with the defendants, they will bring your case to the court. This usually happens in front a judge and jury, who decide the outcome of your claim. A verdict that is successful in court can often provide you with compensation much sooner than a settlement would.