Why You Should Hire a Birth Injury Attorney

If your child has suffered a birth injury caused by medical malpractice, you may be eligible for compensation for damages. You may be entitled to compensation for past and future medical costs or wages you were unable to earn while to care for your child and more.

You will need to show that medical professionals violated their duty of care in order to win your case. Your lawyer can assist you in proving this through medical experts.

Getting Started

As parents, you might be overwhelmed by the care of a baby and the associated medical bills. You could also be confronting the emotional trauma of the birth injury your child suffered.

You have the legal right to file an action to make the hospital or doctor accountable for the harm they caused to your child. But, you'll need a birth injury lawyer who has experience to assist you make a convincing case. They can also assist you negotiate a fair settlement. An experienced attorney can handle interactions with insurance companies and help you file your claim and ensure that you have met the statute of limitations applicable to your case.

First, you must get an evaluation for free of your case with an experienced lawyer. During the meeting, birth injuries the lawyer will review your medical records and assess whether you have a valid legal claim for compensation.

A reputable birth injury lawyer has experience in handling medical malpractice cases, and is able to evaluate the merits of your case. The most effective lawyers also have an impressive track record of success. When interviewing an attorney ask how many cases they usually take on at a time and if they have a support team to manage their ongoing caseload. This will give a better indication of the attention that your case will receive.

Medical Records - How to Obtain These Records

In many cases medical malpractice during labor and delivery can result in serious injuries to infants and their families. A successful lawsuit may aid in the payment of future care needs of a child. A settlement could help families pay necessary treatments and therapies.

A reputable birth injury lawyer is familiar with the laws in your state that pertain to malpractice lawsuits. They are also likely to have represented clients in similar cases to yours. Although they might not be able divulge specific details about past settlements and verdicts (because these documents typically contain confidentiality clauses) An experienced attorney for birth injuries will be able to provide 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 a claim. They may need to get expert testimony. In general, this means speaking with other doctors to get an opinion on whether your doctor's actions were in violation of the standard of care during the birth of your child.

If your lawyer determines that you do have an appropriate claim then they will start a lawsuit for birth injuries against the defendants. This includes the doctor or nurses who delivered your child, as well as hospital personnel and any other people involved in its birth. A successful lawsuit can get you compensation for the loss of your family's income, out of pocket medical expenses, and pain and suffering.

Gathering Evidence

While medical advances have made childbirth much safer than in the past, mothers and their children still are at risk of complications. A doctor's carelessness can lead to a lifetime of medical expenses and hardships for families. An attorney for birth injuries can help families seek financial compensation from the responsible doctors.

To prove that medical malpractice was the cause of the injuries, you will have to prove it. This requires reviewing medical records and seeking opinions from medical experts to determine if the treatment complied with the accepted standards of care. Injuries that can be considered medical malpractice include obstetrical errors or birth traumas, as well as injuries incurred during labor and birth.

An experienced attorney for injuries can identify the most convincing evidence and witness testimony to back up your case. They are also able to negotiate with the insurance firms and file a lawsuit when needed. They understand the pressure tactics that insurance companies employ to limit settlements and can handle the process from start to end.

A professional with experience in birth injuries will work on contingency, which means they will cover your expenses and only charge you a percentage of the amount if they prevail. This can save money in the long run since you won't be paying a large fee up front.

Filing an action

Your lawyer will file a lawsuit on your behalf if they believe that you have a valid claim. It is crucial to begin the process as soon as possible since the longer you wait, the more difficult it will be to create a solid case and secure an appropriate amount of compensation for your child.

The medical provider(s) will then receive an email from your lawyer to inform them of the malpractice claim. Your lawyer will then engage with insurance companies to try and resolve the matter. A good birth injury lawyer has the expertise and experience to know the tactics employed by insurance companies to limit settlement offers.

Your lawyer could also work with financial and medical experts to determine the right amount to ask for in the form of an award for damages. The amount you receive will be based on how much impact the accident has affected your family financially as well as emotionally. This will include ongoing medical treatments and an estimate of the cost of living.

If your lawyer is not able to reach a settlement in your case with the defendants, they'll bring your claim to the court. This is usually done before a judge and jury, who decide the outcome of your case. A victory at trial will usually result in a much faster settlement than an agreement.