Why You Should Hire a Birth Injury Attorney

If your child has a birth injury resulting from medical malpractice, you could be eligible for compensation for damages. You may be entitled to compensation for your past and future medical costs, wages you lost to care for your child and more.

To win your claim you will need to prove that medical experts violated their duty of care. Your lawyer can assist you to prove this through the use of medical experts.

Getting Started

As parents, you could be overwhelmed with the care of a newborn and the associated medical bills. You could also be coping with emotional trauma resulting from the fact that your child has suffered an injury at birth due to negligence on the part of medical professionals.

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

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

A good birth injury attorney is one who has handled medical malpractice cases and knows how to assess your case for merit. The most effective lawyers also have an experience of success. When interviewing an attorney inquire about how many cases they typically manage at the same time, birth injury attorney and whether they have a support staff to assist them in managing their current caseload. This will give you a better idea of the level of attention your case will receive.

Medical Records - How to get These Records

In a lot of cases, medical malpractice during labor and birth can cause serious injuries to infants and their families. A successful lawsuit may help pay for the future health needs of the child. While a settlement won't reverse the harm caused by medical staff, it can help families pay for the necessary treatments and therapies.

A good birth injury attorney is familiar with the laws in your state with regard to malpractice lawsuits. They are also likely to have represented clients in similar cases similar to yours. While they may not be able divulge specific details of past verdicts and settlements (because such documents often contain confidentiality clauses), an experienced birth injury attorney can give an overall view of how they've helped their clients.

Your lawyer for birth injuries will examine 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 violated standard care during your baby's birth.

If your lawyer believes you have a valid case, they will make a claim against the defendants. Typically, this would include the doctor who delivered your baby as well as any nurses and hospital personnel involved in the birth of your child. 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 before, babies and mothers are still susceptible to complications. The injuries that result due to a negligent doctor's carelessness can cause an unending amount of medical expenses and hardship for families. A birth injury attorney can assist in obtaining financial compensation from the accountable doctors.

A successful claim requires proof that the injuries were caused by medical malpractice. This requires studying medical records and obtaining opinions from medical experts in order to determine whether the treatment was up to the standard. Medical malpractice may include birth trauma, obstetrical malpractices, and injuries sustained during labor and delivery.

A seasoned injury lawyer will be able to identify the best evidence and witness testimony to back up your case. They are also able to negotiate with the insurance companies and file a lawsuit in the event of need. They are familiar with the strategies employed by insurers to minimize settlements, and can handle the entire process.

A good birth injury attorney will be on a contingency basis which means they will pay all expenses associated with the case and only receive a portion of what they are able to win for you. This will save you money in the long run since you won't be paying a large fee up front.

Filing a Lawsuit

If your lawyer believes you have a plausible claim, they'll file a lawsuit on your behalf. It is essential to begin this process as soon as you can, since the longer you put off and the longer you wait, the more difficult it will be for you to make an argument that is solid and secure the right amount of compensation for your child.

Your lawyer will then send a note to the medical provider(s) and inform the provider of your malpractice claim. Your lawyer will meet with their insurance companies in an attempt to settle the claim. A good birth injury attorney has the expertise and experience to understand the tactics insurers employ to reduce settlement offers.

Your attorney can also consult with financial and medical experts to determine the right amount that should be requested in the form a damages award. This amount will take into consideration the impact that the injury has caused your family financially as well as emotionally. It will also include any ongoing medical treatment and estimates of cost of living.

If your lawyer fails to negotiate a settlement for your case with the defendants, they will take your case to court. Typically, this occurs before jurors and judges who will decide the outcome of your case. A victory at trial will usually result in compensation much sooner than a settlement.