Why You Should Hire a Birth Injury Attorney

If your child has a birth injury caused by medical malpractice, you could be eligible for compensation for damages. This includes past and future medical costs, wages you've lost to provide care for birth injury your child, as well as other damages.

In order to win your case, you will need to prove that medical professionals violated their duty of care. Your lawyer can assist in proving this by utilizing medical experts.

Getting Started

It is possible to feel overwhelmed by the medical bills that accompany a newborn. You may also be confronting the emotional trauma of the birth injury your child suffered.

You have the right to file an action to hold the doctor or hospital accountable for the injuries to your child. However, you will require a birth injury lawyer who has experience to assist you create a convincing case. They can also help you negotiate an acceptable settlement. An experienced attorney can handle communications with insurance companies to file your claim and ensure that you have met the statute of limitations applicable to your situation.

The first step is to get an initial free case assessment with an experienced lawyer. During the meeting, the lawyer will review your medical records and assess whether you have an appropriate legal claim for compensation.

A good birth injury lawyer will have experience handling medical malpractice claims and is able to evaluate the merits of your case. The top lawyers also have an impressive track record of success. Ask the attorney how many cases they can handle at a time, and if they have a support staff to handle their caseload. This will give you a better indication of the amount of attention your case will receive.

Requesting Medical Records

In many cases medical negligence during labor and birth can cause serious injuries to infants as well as their families. A successful lawsuit can help with future medical requirements of the child. While a settlement can't undo the harm caused by medical professionals however, it can assist families pay for medical treatments and therapies.

A good birth injury attorney will be familiar with the laws in your state pertaining to malpractice lawsuits. They should also have experience defending clients who have similar cases to yours. They may not be able to provide specific details on settlements or verdicts in the past because such documents usually contain confidentiality provisions, but a skilled birth injury lawyer should be able to give you a general idea of how they helped their clients.

Your lawyer for birth injuries will first review your medical records to determine whether you have an opportunity to claim. They might also need to get expert testimony. Usually, this involves speaking with other doctors to get an opinion regarding whether your doctor's actions were in violation of the standard of care during the child's birth.

If your lawyer determines that you have a valid case, they'll bring a lawsuit against the defendants. This includes the nurse or doctor who delivered your child, as well as hospital personnel and anyone else involved in the birth. A successful lawsuit could result in compensation for your family's lost income, medical bills and pain and discomfort.

Gathering Evidence

While advances in medicine have made childbirth much safer than in the past, mothers and their infants still have a chance of suffering complications. Injuries that result from negligence by a doctor can cause an unending amount of medical expenses and hardship for families. A birth injury lawyer can help families seek financial compensation from the accountable doctors.

A successful claim requires evidence that the injuries resulted from medical negligence. This will mean studying medical records and obtaining opinions from medical experts in order to determine whether the treatment provided was up to the standard. Medical malpractice could include birth trauma, obstetrical malpractices, and injuries sustained during labor and birth.

An experienced lawyer for injury will be able identify the most reliable witnesses and evidence to support your case. They also be able to negotiate with insurance firms and file an action when needed. They know the tactics used by insurers to reduce settlements, and they are able to handle the entire process.

A good birth injury lawyer will practice on a contingency basis that is, they'll cover your expenses and only charge a percentage if they prevail. This can save you money over time since you won't be paying an enormous amount upfront.

Filing a Lawsuit

Your attorney will file a suit on your behalf if they believe you have a valid claim. It's important to start this process as soon as possible since the longer you wait longer, the more difficult it is to construct a solid case and secure fair compensation for your child.

The medical provider(s) will then receive an email from your lawyer informing them of the malpractice claim. Then, your lawyer will discuss the matter with their insurance companies in order to settle the matter. A reputable birth injury lawyer has the experience and knowledge to understand the strategies used by insurance companies to limit settlement offers.

Your lawyer can also consult with medical and financial experts to determine the appropriate amount to be requested in the form of a damages award. The amount will take into consideration the impact the injury has had on your family financially as well as emotionally. It will also include any ongoing medical treatments and a cost of living estimate.

If your lawyer is unable to reach an agreement in your case with the defendants, they will take your case to the court. Most often, this is done before an impartial jury and a judge who then decide on the outcome of your case. A verdict that is successful in court can often provide you with the amount you need much earlier than a settlement would.