Why You Should Hire a Birth Injury Attorney

If your child has a birth injury due to medical malpractice, you may be entitled to compensation for damages. These include future and past medical expenses, lost wages to provide 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 establish this through the assistance of medical experts.

Getting Started

You might be overwhelmed by the medical bills for a newborn. You could also be experiencing the emotional trauma of the birth injury of your child.

You have the right to file a lawsuit against the hospital or doctor accountable for the injury to your child however, you'll require an experienced birth injury lawyer to create a strong case and help you negotiate a fair settlement. An experienced attorney can handle interactions with insurance companies and file your claim and ensure that you have met the statute of limitations that applies to your case.

The first step is to get an initial free assessment of your situation with an experienced attorney. During the meeting, the lawyer will review your medical records and assess whether you have a valid legal claim for compensation.

A good birth injury lawsuit injury lawyer has expertise in dealing with medical malpractice cases, and will be able to assess the merits of your case. Additionally, the top attorneys have a demonstrated track of court success. When interviewing an attorney, ask them how many cases they typically manage at the same time, and whether they have a staff to help manage their ongoing caseload. This will give a better idea of the level of attention your case will receive.

Medical Records - How to Get Them

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 help with future medical needs of the child. A settlement could help families pay for birth injury needed treatments and therapies.

A reputable birth injury lawyer will be familiar with the laws of your state in relation to malpractice lawsuits. They must also have experience in representing clients who have similar cases similar to yours. While they may not be able divulge specific details of past settlements or verdicts (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 have an opportunity to claim. They may also have to get expert testimony. This usually means consulting with other physicians to get an opinion from a professional on whether your doctor violated normal guidelines for your baby's birth.

If your lawyer determines that you have a valid case, they will bring a lawsuit against the defendants. This includes the doctor or nurses who delivered your child and hospital staff and any other people 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 infants still face some risk of complications. Accidents caused by a doctor's carelessness can lead to the cost of medical expenses for a lifetime and financial hardship for families. A birth injury lawyer can help clients seek financial compensation from the medical professionals who are accountable.

In order to prove that medical malpractice caused the injuries, you'll need to prove it. This requires looking over medical records and requesting opinions from medical experts to determine if the treatment complied with the accepted standards of care. Acute injuries that are deemed medical malpractice can include obstetrical mistakes or birth traumas, as well as injuries sustained during labor and birth.

An experienced injury lawyer will be able to identify the most reliable witnesses and evidence that help your case. They also have the knowledge to bargain with insurance companies and also file a lawsuit when necessary. They are aware of the pressure tactics that insurers use to minimize settlements and will be able to handle the process from beginning to completion.

A reputable birth injury lawyer will be on a contingency basis which means that they will cover all expenses related to your case and will only take a portion of what they can win for you. This will save you money in the end as you won't have to be concerned about paying a upfront cost.

Filing a Lawsuit

Your attorney will file a suit on your behalf if they believe you have an unsubstantiated claim. It's crucial to start the process as soon as possible because the longer you put off and the longer you wait, the more difficult it is to construct a strong case and recover the right amount of compensation for your child.

Your lawyer will then send a note to the medical provider(s), informing them about your malpractice claims. Then, your lawyer will discuss the matter with their insurance providers in an effort to settle the matter. A reputable birth injury lawyer has the experience and expertise to be able to discern the strategies insurers employ to reduce settlement offers.

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

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