Why You Should Hire a Birth Injury Attorney

If your child has a birth injury caused by medical malpractice, you could be entitled to compensation for special damages. These include future and past medical costs, wages you've lost to provide care for your child, as well as other damages.

You must prove the medical professionals breached their duty of care to be successful in your case. Your lawyer can assist in establishing this by using medical experts.

Getting Started

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

You have the right to file a lawsuit to hold the doctor or hospital accountable for the harm to your child. However, you will require a birth injury attorneys injury lawyer who has the experience to help build a strong case. They can also assist you negotiate an acceptable settlement. An experienced attorney can handle correspondence with insurance companies to file your claim and ensure that you meet the deadline for filing a claim that applies to your case.

First, you should get an initial free assessment of your case from an experienced attorney. During this meeting, 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 handling medical malpractice cases and knows how to evaluate the merits of your case. In addition, the best attorneys have a demonstrated track record of success in court. Ask the attorney what number of cases they are handling at a time and if they have a support staff to handle their caseload. This will give you a clear insight into the amount of attention your case will receive.

Medical Records - How Do I Get Them

In many instances medical errors during labor and delivery can cause serious injuries to infants as as their families. A successful lawsuit can aid in the payment of future health needs of a child. A settlement can help families pay for needed treatments and therapies.

A good birth injury lawyer will be familiar with laws pertaining to malpractice claims in your state. They should also have experience representing clients who have similar cases similar to yours. Although they might not be able to divulge specific details of previous settlements and verdicts (because these documents typically contain confidentiality provisions), an experienced birth injury lawyer is likely to be able give you a general idea of how they've helped their clients.

Your birth injury lawyer will begin by reviewing medical records to determine whether you have an instance. They may need to get expert testimony. This usually means consulting with other physicians to get an official opinion on whether your doctor violated norms of care for your baby during its birth.

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

Gathering Evidence

While advances in medicine have made the birth process safer than before, babies and mothers have to be aware of complications. Accidents caused by a doctor's carelessness can lead to an ongoing burden of medical bills and financial burdens for families. A birth injury lawyer can assist them pursue financial settlement from the medical professionals responsible for the injury.

To prove that medical malpractice was the cause of the injuries, you'll be required to prove the injury. This will require looking over medical records and getting opinions from medical experts to determine whether the treatment was to standard. Some injuries that can be deemed medical malpractice can include obstetrical mistakes, birth trauma, and injuries sustained during labor and delivery.

An experienced lawyer for injury can identify the best evidence and witness testimonies to support your case. They will also be able to bargain with insurance companies and also file lawsuits if needed. They know the tactics used by insurers to minimize settlements, and can handle the entire process.

A reputable birth injury lawyer will be on a contingency basis which means they will pay all expenses associated with the case and only receive a portion of what they can win for you. This can save you money in the end as you won't have to pay an upfront fee.

Filing a Lawsuit

If your lawyer believes you have a valid claim, they will file a lawsuit on your behalf. It is crucial to start this process as quickly as possible, because the longer you wait in the process, the more difficult it'll be for you to create an impressive case and win fair compensation for your kid.

Your lawyer will then send a note to the medical provider(s) to inform them of your malpractice claim. Then, your lawyer will negotiate with their insurance providers in an effort to settle 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 financial and medical experts to determine the appropriate amount to request in the form a damages award. This amount will consider the impact that the accident has affected your family financially as well as emotionally. This will include ongoing medical care and an estimate of the cost of living.

If your lawyer fails to negotiate a settlement with the defendant(s) in your case, they will bring your case to trial. The majority of the time, this happens in front of the jury and judge who then decide on the outcome of your case. A successful trial can often result in compensation sooner than a settlement would.