Why You Should Hire a Birth Injury Attorney

You could be entitled to compensation for special damages if your child is born with an injury due to medical malpractice. These include past and future medical expenses, the wages you have to forfeit to take care of your child, as well as other damages.

You will need to prove the medical professionals breached their duty of care in order to win your case. Your lawyer can help you in proving this by utilizing medical experts.

Getting Started

You may be overwhelmed by the medical bills that accompany a newborn. You will also likely be coping with emotional trauma from the possibility that your child suffered a birth injury due to negligence on the part of medical professionals.

You have the legal right to file a lawsuit to bring the hospital or doctor accountable for the harm they caused to your child. However, you'll need a birth injury attorney who has the experience to help create a strong case. They can also help you negotiate an acceptable settlement. An experienced attorney can manage your communication with insurance companies and file your claim. They can also ensure that you've met the applicable statute of limitations.

The first step is to obtain a free case evaluation with an experienced lawyer. During the consultation your lawyer will go over all of your medical records to determine whether you have a legal claim for compensation.

A reputable birth injury lawyer will have experience in handling medical malpractice cases, and will be able to assess the merits of your case. In addition, the best attorneys have a demonstrated track record of success in court. When interviewing an attorney, inquire about the number of cases they usually take on at a time and if they have a staff to assist in managing their ongoing caseload. This will give you a better idea of how much time and attention your case will receive.

Medical Records - How to Get These Records

In many cases, medical negligence during labor and birth can result in serious injuries to infants as as their families. A successful lawsuit can aid in the payment of future medical needs of the child. A settlement can help families pay for needed treatments and therapies.

A good birth injury lawyer will be familiar with laws pertaining to malpractice claims in your state. They are also likely to have represented clients in similar cases similar to yours. They may not be able to provide specific information about settlements or verdicts that they have had in the past, as the documents generally contain confidentiality provisions, but an experienced birth injury lawyer should be able to give you a general idea of how they helped their clients.

Your birth injury lawyer will begin by looking over medical records to determine if you have a case. They may require expert testimony. This typically involves speaking with other doctors to obtain an official opinion about whether your doctor's actions violated normal guidelines for your baby's birth.

If your lawyer decides that you have a valid case, they'll start a lawsuit against defendants. Typically, this would include the doctor who delivered your baby as well as nurses and hospital personnel involved in the birth of your child. A successful lawsuit could earn you compensation for your family's lost income, out of pocket medical expenses, and suffering and pain.

Gathering Evidence

While medical advances have made birthing safer than ever before, mothers and babies are still at risk of complications. Injuries that result from negligence by a doctor can cause a lifetime of medical costs and hardship for families. A logansport birth injury attorney injury lawyer can assist them in obtaining financial compensation from the accountable doctors.

A successful claim requires evidence that the injuries were caused by medical malpractice. This will require studying medical records and obtaining opinions from medical experts to determine whether the treatment was up to the standard. Medical malpractice could include birth trauma, firms obstetrical mistakes, and injuries sustained during labor and birth.

A seasoned injury lawyer can help you identify the most effective evidence and witness testimonies to prove your case. They will also have the knowledge to negotiate with insurance firms and file lawsuits if needed. They know the tactics of pressure that insurers use to minimize settlements, and can manage the process from start to completion.

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 only collect a portion of what they are able to win for you. This will save you money in the long run as you won't have to pay an upfront fee.

Filing a Lawsuit

When your attorney believes that you have a plausible claim, they'll bring a lawsuit on your behalf. It's crucial to start this process as quickly as possible, as the longer you delay longer, the more difficult it is to construct a strong case and recover the right amount of compensation for your child.

Your lawyer will send a letter to the medical provider(s) informing the provider of your malpractice claim. Your lawyer will then meet with insurance companies to settle the case. A good birth injury attorney has the experience and expertise to navigate the tactics that insurance companies employ to reduce settlement offers.

Your lawyer could also work with medical and financial experts to determine an appropriate amount to request in the form of a damages award. This amount will take into account the impact that the injury has caused your family financially as well as emotionally. This will include ongoing medical treatment and an estimate of the cost of living.

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