Why You Should Hire a Birth Injury Attorney

If your child suffers a birth injury resulting from medical malpractice, you could be entitled to compensation for specific damages. You may be entitled to compensation for your past and future medical costs, wages you lost taking care of your child, and more.

You must prove that medical professionals did not fulfill their duty of care in order to be successful in your case. Your lawyer can assist you in proving this through medical experts.

Getting Started

As a parent, you may be overwhelmed with the care of your baby and the associated medical costs. You will also likely be coping with emotional trauma due to the possibility that your child suffered injuries to his or her birth due negligence in the medical field.

You are entitled to file an action against the doctor or hospital responsible for your child's injuries, but you will need an experienced birth injury lawyer to construct an impressive case and assist you negotiate an appropriate settlement. An experienced attorney can handle communications with insurance companies, file your claim, and ensure that you have met the deadline for filing a claim that applies to your situation.

The first step is to get a free case evaluation with an experienced lawyer. During this meeting, the lawyer will review your medical records and determine whether you have a valid legal claim to compensation.

A reputable birth injury lawyer will have experience handling medical malpractice claims and know how to evaluate the merits of your case. The most effective lawyers also have a track record of success. When interviewing an attorney, ask them how many cases they usually take on at a time and if they have support staff to assist in managing their ongoing caseload. This will give you a clear idea of the level of attention your case will receive.

Finding Medical Records

In many instances medical negligence during labor and delivery can cause serious injuries to babies and their families. A successful lawsuit may help pay for the future care needs of children. A settlement can assist families with the cost of necessary treatments and therapies.

A good birth injury lawyer will be familiar with the laws in your state that pertain to malpractice lawsuits. They should have represented clients in similar cases to yours. While they may not be able to divulge specific details of past settlements and verdicts (because these documents typically contain confidentiality clauses) An experienced attorney for birth injuries can give you a broad idea of how they have helped their clients.

Your lawyer for birth injuries will examine your medical records to determine if you have a claim. They may need to get expert testimony. Typically, this means consulting with other doctors to get a formal opinion about whether your doctor's actions were in violation of the standards of care during the child's birth.

If your lawyer determines that you do have an appropriate claim then they will start a lawsuit for birth injury law firm injuries against the defendants. Typically, this would include the doctor who delivered your baby, injuries as along with any nurses and hospital personnel who were involved in your child's birth. A successful lawsuit could result in compensation for your family’s lost income, medical costs as well as pain and discomfort.

Gathering Evidence

While advances in medicine have made childbirth safer than in the past mothers and their infants still face some risk of complications. Injuries that result from negligence of a doctor could cause the cost of medical treatment for a lifetime and financial hardship for families. An attorney for birth injuries can assist them in obtaining financial compensation from the accountable doctors.

A successful claim will require proof that the injuries were the result of medical malpractice. That will involve looking over medical records and requesting opinions from medical experts to determine whether the treatment met accepted standards of medical care. Injuries that can be considered medical malpractice could include obstetrical errors or birth trauma as well as injuries incurred during labor and delivery.

An experienced attorney for injuries will be able to identify the most convincing evidence and witness testimony to back up your case. They will also have the knowledge to negotiate with insurance companies and to file a lawsuit when necessary. They are aware of the pressure tactics that insurers use to minimize settlements, and can manage the entire process from beginning to end.

A professional with experience in birth injuries will practice on a contingency basis that is, they'll take care of your expenses and only charge you a percentage if they win. This can save you money in the long run because you don't have worry about paying an upfront cost.

Filing a Lawsuit

Your attorney will file a suit on your behalf if they believe you have an adequate claim. It's crucial to start this process as soon as possible because the longer you sit, the more difficult it is to construct an effective case and win an appropriate amount of compensation for your child.

The medical provider(s) will then receive an email from your lawyer informing them of the malpractice claim. Your lawyer will work with their insurance providers in order to settle the claim. An experienced birth injury lawyer has the experience and expertise to navigate the tactics that insurers employ to reduce settlement offers.

Your lawyer can also work with financial and medical experts to determine the right amount to ask for in the form of damages award. The amount you request will take into consideration the impact that the accident has caused your family financially as well as emotionally. It will also include any ongoing medical treatments and an estimate of the cost of living.

If your lawyer is unable to come to a deal with the defendant(s) in your case, they'll bring your claim to trial. Typically, this is done before the jury and judge who decide the outcome of your case. A successful trial verdict will often mean that you receive compensation much sooner than a settlement.