Why You Should Hire a Birth Injury Attorney

You could be entitled to compensation for special damages if your child suffers a birth injury as a result of medical negligence. These include past and future medical expenses, the wages you have to forfeit to care for your child, and more.

You must show that medical professionals violated their duty of care to be successful in your case. Your lawyer can assist you in proving this using medical experts.

Getting Started

As parents, you could be overwhelmed by taking care of a newborn and the associated medical costs. You could also be coping with emotional trauma due to the possibility that your child suffered an injury to their birth due to medical negligence.

You have the right file a lawsuit to bring the hospital or doctor accountable for the injury to your child. However, you will need a birth injury attorneys injury attorney who has the experience to help create a strong case. They can also help you negotiate a fair settlement. An experienced attorney can handle interactions with insurance companies, file your claim, and ensure that you meet the statute of limitations applicable to your situation.

In the beginning, you should seek an initial free assessment of your situation with an experienced lawyer. In this meeting the lawyer will go over your medical records and determine whether you have an appropriate legal claim for compensation.

A good birth injury attorney will have experience handling medical malpractice claims and will know how to evaluate the merits of your case. In addition, the best lawyers have a proven track of success in court. When interviewing an attorney inquire about the number of cases they usually take on at the same time, and whether they have a support staff to assist in managing their ongoing caseload. This will give you an idea of the level of attention your case will receive.

Medical Records - How to Get Them

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

A good birth injury attorney will be knowledgeable of the laws in your state that pertain to malpractice lawsuits. They should have represented clients in cases similar to yours. Although they may not be able to divulge specific details of previous verdicts and settlements (because these documents typically contain confidentiality clauses), an experienced birth injury attorney is likely to be able give you a broad idea of how they've helped their clients.

Your birth injury lawyer will begin by looking over medical records to determine if you have an instance. They may need to get expert testimony. Typically, this means consulting with other physicians to obtain an opinion on whether your doctor's actions violated the standards of care during the birth of your child.

If your lawyer concludes that you do have a valid claim, they will start a lawsuit for birth injuries against the defendants. This typically includes the doctor who delivered your baby as in addition to any nurses or hospital personnel who were involved in your child's birth. A successful lawsuit could result in compensation for your family’s lost income, medical bills as well as discomfort and pain.

Gathering Evidence

Although advances in medicine have made birthing safer than ever before, mothers and babies are still at risk of complications. Injury resulting due to a negligent doctor's carelessness can result in a lifetime of medical costs and hardship for families. A birth injury attorney can help families seek financial compensation from the responsible doctors.

A successful claim will require evidence that the injuries were caused by medical malpractice. This requires studying medical records and obtaining opinions from medical experts to determine whether the treatment provided was up to standards. Acute injuries that are deemed medical malpractice include obstetrical errors, birth trauma, and injuries incurred during labor and birth.

A seasoned injury lawyer can help you identify the most effective evidence and witness testimony to prove your case. They also have the knowledge to bargain with insurance firms and file an action if necessary. They are familiar with the tactics employed by insurance companies to limit settlements, and can manage the entire process.

A good birth injury attorney will operate on a contingency-based basis which means they will pay the entire cost of your case, and only collect a percentage of the amount they get for you. This can save money over time because you won't be paying a huge amount up front.

Filing a Lawsuit

Your lawyer will file a suit on your behalf if they believe you have a valid claim. It is important to begin this process as fast as you can because the longer you delay and the longer you wait, the more difficult it will be for you to make a solid case and get an appropriate amount of compensation for your child.

Your lawyer will then send a letter to the medical provider(s) to inform them about your malpractice claim. Your lawyer will then work with insurance companies to try and resolve the matter. A good birth injury attorney has the expertise and experience to understand the tactics insurers use to minimize settlement offers.

Your lawyer could also work with financial and medical experts to determine the appropriate amount to request in the form of an award for damages. The amount will take into consideration the impact that the accident has caused your family financially and emotionally. This will include ongoing medical treatment and an estimate of the cost of living.

If your lawyer is unable reach a settlement agreement with the defendant(s) in your case, they'll bring your case to trial. The majority of the time, this happens in front of an impartial jury and a judge who then decide on the outcome of your case. A successful trial verdict will often mean that you receive more money than a settlement would.