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. These include future and past medical expenses, the wages you have to forfeit to provide care for your child, as well as other damages.

To be successful in your claim, you must prove that medical experts violated their duty to care. Your lawyer can help to prove this through the use of medical experts.

Getting Started

As parents, you could be overwhelmed by the care of your newborn and the associated medical costs. You will also likely be dealing with emotional trauma as a result of the fact that your child suffered an injury to their birth due to medical negligence.

You have the right file an action to make the hospital or doctor accountable for the injuries to your child. However, you'll need a birth injury attorney who has the experience to help make a convincing case. They can also help you negotiate a fair settlement. An experienced attorney can manage communications with insurance companies and help you file your claim and ensure you meet the deadline for filing a claim that applies to your case.

In the beginning, you should seek an evaluation for free of your situation with an experienced attorney. During this meeting, the lawyer will review your medical records and determine whether you have a valid legal claim to compensation.

A good birth injury attorney will have experience handling medical malpractice claims and know how to assess your case to determine if it is meritorious. 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 one time and whether they have support staff in place to handle their caseload. This will give you a better idea of how much the attention your case will receive.

Medical Records - How to Get These Records

In a lot of cases medical negligence during labor and delivery can result in serious injuries to infants as well as their families. A successful lawsuit can assist in paying for the future healthcare needs of the child. Settlements can help families pay for needed treatments and therapies.

A good birth injury attorney will be familiar with the laws in your state pertaining to malpractice lawsuits. They should have represented clients in cases similar to yours. While they may not be able to divulge specific details of settlements and verdicts (because these documents typically contain confidentiality provisions) An experienced birth injury lawyer injury attorney is likely to be able give you a general sense of how they have helped their clients.

Your lawyer for birth injuries will first review your medical records to determine if there is any claims. They may need to get expert testimony. Generally, this involves consulting with other doctors to get an opinion regarding whether your doctor's actions were in violation of the standard of care during the child's birth.

If your lawyer decides that you have a valid claim the lawyer will start a lawsuit for birth injuries against the defendants. This includes the nurse or doctor who delivered your child, and hospital staff and anyone else who were involved in the birth. A successful lawsuit could earn you compensation for the loss of your family's income, out of pocket medical expenses, and pain and suffering.

Gathering Evidence

Although medical advances have made childbirth much safer than it was in the past, mothers and babies have a chance of suffering complications. Accidents caused by a doctor's carelessness can lead to an entire life of medical expenses and financial hardship for families. A birth injury attorneys injury attorney can help families seek financial compensation from the responsible doctors.

In order to prove that medical malpractice caused the injuries, you'll need to provide proof. This requires looking over medical records and requesting opinions from medical experts to determine if the treatment complied with accepted standards of care. Some injuries that can be deemed medical malpractice are obstetrical error, birth trauma, and injuries sustained during labor and birth.

An experienced injury lawyer will be able identify the most reliable witnesses and evidence that back your case. They are also capable of negotiating with insurance companies and file a suit when needed. They understand the pressure tactics that insurance companies employ to limit settlements and will be able to handle the entire process from start to end.

A good birth injury attorney 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 win for you. This can save you money in the long run since you don't need to worry about paying an upfront fee.

Filing an action

When your attorney believes that you have a plausible claim, they'll initiate a lawsuit on your behalf. It is important to begin this process as soon as possible, as the longer you sit and the longer you wait, the more difficult it will be to create a solid case and secure fair compensation for your child.

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

Your lawyer could also work with medical and financial experts to determine the best amount to ask for in the form of a damages award. This amount will take into consideration how much impact 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 reach a settlement in your case with the defendants, they will present your claim in court. This usually happens before a judge and jury, who will decide the outcome of your claim. A verdict that is successful in court can often provide you with the amount you need much earlier than a settlement.