Why You Should Hire a Birth Injury Attorney

You could be entitled to compensation for damages that are specific to your child suffers a birth injury as a result of medical malpractice. You could be entitled to compensation for your past and future medical expenses as well as wages you've lost while caring for your child and more.

To prevail in your case, you will need to show that medical professionals violated their duty of care. Your lawyer can assist you to prove this by making use of medical experts.

Getting Started

As parents, you could be overwhelmed by taking care of a newborn and the medical bills that accompany it. You may also be dealing with the emotional trauma caused by your child's birth trauma.

You have the legal right to file an action to hold the doctor or hospital accountable for the harm to your child. However, you'll need a birth injury attorney who has experience to assist you create a convincing case. They can also assist you negotiate an acceptable settlement. An experienced attorney can manage communication with insurance companies and submit your claim. They can also make sure that you have met the statute of limitations applicable to you.

First, you must get an initial free assessment of your case from an experienced lawyer. During the consultation your lawyer will go through all of your medical records to determine whether you have a valid claim for compensation.

A good birth injury attorney will have experience with medical malpractice cases and will know how to assess your case for merit. The top lawyers also have an experience of success. When interviewing an attorney ask them how many cases they typically handle at a time and if they have a support team to manage their ongoing caseload. This will give you a better idea of the level of attention your case will receive.

Finding Medical Records

In many instances, medical negligence during labor and birth can cause serious injuries to babies and their families. A successful lawsuit can help pay for future care needs of the child. While a settlement won't reverse the harm caused by medical professionals, it can help families pay for the necessary treatments and therapies.

A good birth injury attorney (vimeo.com) is familiar with the laws in your state that pertain to malpractice lawsuits. They should also have experience defending clients who have similar cases to yours. Although they may not be able divulge specific details about past settlements and verdicts (because the documents usually contain confidentiality provisions), an experienced birth injury attorney will be able to provide you a general sense of the ways they have assisted their clients.

Your lawyer for birth injuries will first review your medical records to determine if there is an opportunity to claim. They may require expert testimony. This typically means speaking with other doctors to obtain an official opinion on whether your doctor birth injury attorney violated norms of care for your baby during its birth.

If your lawyer determines that you have an appropriate claim, they will initiate a birth injury lawsuit against the defendants. This includes the doctor or nurses who delivered your child, and hospital staff and anyone else who were involved in the birth. A successful lawsuit can bring you compensation for the loss of your family's income, as well as out of pocket medical expenses, as well pain and suffering.

Gathering Evidence

While medical advances have made childbirth safer than in the past, mothers and their children still have some risks of complications. Accidents that result from negligence of a doctor could cause the cost of medical treatment for a lifetime and hardship for families. A birth injury attorney can help families seek financial compensation from the responsible doctors.

A successful claim requires proof that the injuries resulted from medical malpractice. This will mean studying medical records and obtaining opinions from medical experts in order to determine if the treatment was up to standard. Some injuries that can be deemed medical malpractice are obstetrical error or birth trauma as well as injuries sustained during labor and birth.

A seasoned injury lawyer can help you identify the best evidence and witness testimonies to support your case. They also have the experience to bargain with insurance companies and to file an action when needed. They are familiar with the strategies employed by insurance companies to reduce settlements, and they are able to manage the entire process.

A good birth injury attorney will be able to work on a contingency fee which means that they will cover the entire cost of your case and will only take a percentage of the amount they get for you. This can save money in the long run since you won't be paying a huge amount up front.

Filing a Lawsuit

If your attorney believes you have a plausible claim, they'll file a lawsuit on your behalf. It's crucial to start this process as soon as possible, as the longer you sit longer, 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 a letter from your attorney informing them of the malpractice claim. The lawyer will meet with their insurance companies to try to settle the case. A good birth injury attorney has the expertise and experience to be able to discern the strategies insurance companies employ to limit settlement offers.

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

If your lawyer is not able to come to a deal with the defendant(s) in your case, they'll bring your claim to trial. The majority of the time, this happens before the jury and judge who then decide on the outcome of your case. A verdict that is successful in court can often result in compensation much sooner than a settlement.