Why You Should Hire a Birth Injury Attorney

You may be entitled compensation for damages that are specific to your child is born with an injury as a result of medical negligence. These could include past and future medical costs, wages you've lost to provide care for your child, as well as other damages.

In order to win your case, you will need to demonstrate that the medical experts violated their duty of care. Your lawyer can assist you in proving this through medical experts.

Getting Started

You may be overwhelmed by the medical costs that accompany a newborn. You may also be confronting the emotional trauma of your child's birth injury.

You are entitled to file a lawsuit to make the hospital or doctor birth injury attorney accountable for the injury to your child. However, you'll need a birth injury attorney who has the experience to help build a strong case. They can also assist you negotiate a fair settlement. An experienced attorney can manage communication with insurance companies and submit your claim. They can also make sure that you meet the statute of limitations applicable to you.

The first step is to get a free evaluation of your case with an experienced lawyer. In this session the lawyer will go over your medical records and assess whether you have a valid legal claim to compensation.

A good birth injury attorney will have experience with medical malpractice claims and know how to assess the merits of your case. The top lawyers also have a track record of success. When interviewing an attorney, ask how many cases they usually handle at any given time and if they have a support staff to help manage their ongoing caseload. This will give you a clear indication of the attention that your case will receive.

Requesting Medical Records

In many instances, medical negligence during labor and delivery could cause serious injuries to infants and their families. A successful lawsuit may help to pay for the future medical needs of children. While a settlement will not reverse the harm caused by medical professionals but it can help families pay for needed treatments and therapies.

A good birth injury attorney is familiar with the laws in your state pertaining to malpractice lawsuits. They should also have experience representing clients in similar cases similar to yours. While they may not be able divulge specific details of previous verdicts and settlements (because the documents usually contain confidentiality provisions), an experienced birth injury attorney is likely to be able give you a general idea of the ways they have assisted their clients.

Your lawyer for birth injuries will first review your medical records to determine if you are entitled to an opportunity to claim. They may also need to get expert testimony. This usually involves consulting other doctors to obtain an official opinion on whether your doctor violated usual care of your baby's birth.

If your lawyer concludes that you have a valid claim and they file a birth injury lawsuit against the defendants. This includes the nurse or doctor who delivered your child as well as hospital personnel and anyone else who were involved in the birth. A successful lawsuit could result in compensation for your family's lost income, medical bills and discomfort and pain.

Gathering Evidence

Although medical advances have made childbirth safer than it was in the past, mothers and their babies still are at risk of complications. The injuries caused by a doctor's carelessness can lead to an ongoing burden of medical bills and financial burdens for families. A birth injury attorney can assist in obtaining financial compensation from the accountable doctors.

In order to prove that medical malpractice was the cause of the injuries, you will need to prove it. This will require reviewing medical records and obtaining opinions from medical experts in order to determine whether the treatment was up to standard. Acute injuries that are deemed medical malpractice could include obstetrical errors and birth trauma, as well as injuries sustained during labor and delivery.

An experienced lawyer for injury will be able to identify most reliable witnesses and evidence to back your case. They also have the experience to bargain with insurance firms and file a lawsuit when necessary. They are familiar with the tactics employed by insurance companies to reduce settlements and handle the entire process.

A good birth injury attorney will work on a contingency basis which means that they will cover the entire cost of the case and only receive a percentage of what they get for you. This can help you save money over time as you won't be paying a huge amount up front.

Filing a Lawsuit

If your lawyer believes you have a legitimate claim, they will start a lawsuit on behalf. It is important to begin this process as quickly as you can, since the longer you wait and the longer it takes, the more difficult it will be for you to construct an impressive case and win the right amount of compensation for your child.

Your lawyer will send a letter to the medical provider(s) and inform them about your malpractice claims. Your lawyer will then negotiate with the insurance companies to try and resolve the matter. A good birth injury attorney has the experience and expertise to be able to discern the strategies insurers employ to reduce settlement offers.

Your lawyer may also collaborate with medical and financial experts to determine an appropriate amount to request in the form of a damages award. The amount will be determined based on the financial and emotional impact of the injury to your family. This will include ongoing medical care and an estimate of the cost of living.

If your lawyer is unable to reach a settlement agreement with the defendant(s) in your case, they will take your claim to trial. This is usually done in front a judge and jury, who will determine the outcome of your case. A successful trial verdict will often result in a much faster settlement than a settlement.