Why You Should Hire a Birth Injury Attorney

You may be entitled compensation for damages that are specific to your child is born with an injury as a result of medical malpractice. These include future and past medical expenses, wages you forfeited to provide care for birth injury lawsuit your child, and many more.

To win your claim you must prove that medical professionals violated their duty of care. Your lawyer can assist in proving this using medical experts.

Getting Started

As a parent, you may be overwhelmed with taking care of a baby and the medical bills that accompany it. You could also be coping with emotional trauma from the fact that your child suffered an injury at birth due to negligence in the medical field.

You have the right to file a lawsuit to bring the hospital or doctor accountable for the harm to your child. But, you'll require a birth injury lawyer with experience to help you make a convincing case. They can also assist you negotiate an acceptable settlement. An experienced attorney can handle communications with insurance companies to file your claim and ensure that you are within the time limit that applies to your case.

The first step is to get an assessment of your case by an experienced lawyer. During this meeting the lawyer will go over your medical records and assess whether you have a valid legal claim for compensation.

A good birth injury lawyer has expertise in dealing with medical malpractice claims and know how to evaluate the merits of your case. In addition, the best attorneys have a track of court success. When interviewing an attorney ask them how many cases they usually take on at the same time, and whether they have support staff to assist them in managing their current caseload. This will give you a clear insight into the amount of attention your case will receive.

Medical Records - How Do I Get They

In many instances medical mistakes during labor and delivery can cause serious injuries to infants as as their families. A successful lawsuit can aid in the payment of future care needs of a child. While a settlement can't undo the harm done by medical professionals but it can help families pay for needed treatments and therapies.

An experienced birth injury attorney is well-versed in the laws in your state pertaining to malpractice lawsuits. They should have handled cases similar to yours. Although they might not be able share specific details about past settlements and verdicts (because such documents often contain confidentiality provisions), an experienced birth injury attorney should be able to give an overall view of the way they have assisted their clients.

Your lawyer for birth injuries will first review your medical records to determine whether you have an opportunity to claim. They may need to get expert testimony. Typically, this means consulting with other doctors to get an official opinion on whether your doctor violated the standard of medical care during your child's birth.

If your lawyer concludes that you have a valid claim the lawyer will file a birth injury lawsuit against the defendants. This usually includes the doctor who delivered your baby, as in addition to any nurses or hospital personnel who were involved in the birth of your child. A successful lawsuit could result in compensation for your family’s lost income, medical expenses and discomfort and pain.

Gathering Evidence

While medical advances have made birthing safer than before, mothers and babies have to be aware of complications. Injuries that result due to a negligent doctor's carelessness can result in the cost of medical treatment for a lifetime and financial hardship for families. A birth injury lawyer can help them pursue financial compensation from the medical professionals who are accountable.

A successful claim will require evidence that the injuries resulted from medical malpractice. This will require studying medical records and obtaining opinions from medical experts in order to determine whether the treatment provided was up to standards. Acute injuries that are deemed medical malpractice are obstetrical error or birth trauma as well as injuries sustained during labor and delivery.

An experienced lawyer for injury can identify the most effective evidence and witness testimony to support your case. They will also be able to negotiate with the insurance companies and also file a suit when necessary. They are aware of the pressure tactics used by insurers to reduce settlements, and can manage the process from start to completion.

A good birth injury lawyer will be on contingency which means that they take care of your expenses and only take a percentage if they succeed. This can save you money over time because you won't have to pay an upfront fee of a significant amount.

Filing an action

When your attorney believes that you have a viable claim, they will bring a lawsuit on your behalf. It's crucial to start this process as quickly as possible since the longer you wait for, the more difficult will be to develop a strong case and recover the right amount of compensation for your child.

The medical provider(s) will then be served with an email from your lawyer to inform them of the malpractice claim. Then, your lawyer will negotiate with their insurance companies to try to settle the claim. An experienced birth injury law firms injury lawyer has the knowledge and experience to know the tactics insurers use to minimize settlement offers.

Your lawyer can consult with financial and medical experts to determine the right amount to be requested in the form a damages award. The amount will consider the impact that the accident has had on your family financially as well as emotionally. This will include ongoing medical treatment as well as an estimate of the cost of living.

If your lawyer fails to come to a deal with the defendant(s) in your case, they will take your case to trial. Typically, this is done before jurors and judges who will decide the outcome of your case. A verdict that is successful in court can often mean that you receive compensation sooner than a settlement would.