Why You Should Hire a Birth Injury Attorney

If your child has a birth injury resulting from medical negligence, you may be entitled to compensation for special damages. These could include past and future medical expenses, lost wages to take care of your child, and much more.

You will need to demonstrate that medical professionals have violated their duty of care to win your case. Your lawyer can help establish this through the assistance of medical experts.

Getting Started

As a parent, birth injury lawsuit you may be overwhelmed with the care of your newborn and the medical bills that accompany it. You may also be experiencing the emotional trauma caused by your child's birth injury.

You are entitled to bring a lawsuit against the doctor or hospital who caused your child's injury however, you'll require a skilled birth injury lawyer to construct a strong case and help you secure an appropriate settlement. An experienced attorney can manage the insurance companies' communications, file your claim, and ensure that you are within the statute of limitations that applies to your case.

First, you must get an initial free assessment of your case with an experienced attorney. During the meeting your lawyer will go through all medical records to determine whether you are entitled to a claim for compensation.

A good birth injury lawyer has experience handling medical malpractice claims, and are able to assess the merits of your case. Additionally, the top attorneys have a demonstrated track of success in court. Ask the attorney how many cases they take on at a time and if they have a support staff to handle their cases. This will give you an idea of how much time and attention your case will receive.

Medical Records - How to Obtain These Records

In many instances medical negligence during labor and birth can result in serious injuries to infants and their families. A successful lawsuit may aid in the payment of future health needs of children. While a settlement cannot undo the harm done by medical professionals however, it can assist families pay for medical treatments and therapies.

A reputable birth injury lawyer should be aware of the laws regarding malpractice claims in your state. They should have been involved in cases similar to yours. Although they might not be able share specific details of previous settlements or verdicts (because the documents usually contain confidentiality clauses) An experienced birth injury lawyer can give you a broad idea of how they have helped their clients.

Your lawyer for birth injuries will first review your medical records to determine if you have any claims. They may need to get expert testimony. This typically involves speaking with other physicians to get a formal opinion on whether your doctor breached the norms of care for your baby during its birth.

If your lawyer decides that you have an appropriate claim the lawyer will file a birth injury lawsuit against the defendants. Typically, this would include the doctor who delivered your baby, as along with any nurses and hospital personnel involved in your child's birth. A successful lawsuit could result in compensation for your family's lost income, medical bills and discomfort and pain.

Gathering Evidence

Although advances in medicine have made birthing safer than ever before, babies and mothers are still at risk of complications. The injuries that result due to a negligent doctor's carelessness can cause a lifetime of medical costs 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 were the result of medical malpractice. This will require review of medical records and opinions from medical experts to determine if the treatment was consistent with the accepted standards of care. The types of injuries that could be considered medical malpractice include obstetrical errors or birth trauma as well as injuries sustained during labor and delivery.

A seasoned injury lawyer will be able identify the best witnesses and evidence to prove your case. They will also be in a position to negotiate with insurance companies and also file a suit when needed. They are familiar with the strategies employed by insurance companies to reduce settlements, and can handle the entire process.

A good birth injury attorney will work on a contingency basis that is, they will pay all expenses related to your case and will only take an amount of the money they can win for you. This can save money in the long run since you won't be paying a large fee up front.

Filing a Lawsuit

If your attorney believes you have a valid claim, they will bring a lawsuit on your behalf. It is essential to begin the process as soon as you can because the longer you put off in the process, the more difficult it'll be for you to build an argument that is solid and secure an adequate amount of money for your child.

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

Your attorney can also consult with financial and medical experts to determine the proper amount to be requested 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. It will also include any ongoing medical treatment and estimates of cost of living.

If your lawyer is not able to negotiate a settlement with the defendant(s) in your case, they'll take your claim to trial. Typically, this is done before the jury and judge who will decide the outcome of your case. A successful trial can often result in a much faster settlement than an agreement.