Why You Should Hire a Birth Injury Attorney

If your child has suffered a birth injury that was caused by medical malpractice, you may be eligible for compensation for damages. This includes past and future medical expenses, the wages you have to forfeit to provide care for your child, and many more.

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

Getting Started

You may be overwhelmed by the medical costs that accompany a newborn. You will also likely be dealing with emotional trauma from the reality that your child suffered a birth injury due to medical negligence.

You have the right to bring an action against the hospital or doctor who caused your child's injury however, you'll require a skilled birth injury lawyer to create an impressive case and assist you get a fair settlement. An experienced attorney will be able to handle communication with insurance companies as well as file your claim. They can also ensure that you are within the statute of limitations applicable to you.

The first step is to get a free evaluation of your situation with an experienced attorney. During the meeting the lawyer will go over your medical records and determine whether you have an appropriate legal claim for compensation.

A good birth injury lawyer will have the experience of handling medical malpractice claims, and know how to evaluate the merits of your case. The best lawyers also have an impressive track record of success. When interviewing an attorney inquire about how many cases they typically handle at a time and if they have a staff to help manage their ongoing caseload. This will give you an idea of the level of attention your case will receive.

Inquiring about Medical Records

In many instances medical negligence during labor and delivery can cause serious injuries to infants as as their families. A successful lawsuit can help pay for future care requirements of the child. While a settlement won't reverse the harm done by medical professionals, it can help families pay for medical treatments and therapies.

A good birth injury lawyer is knowledgeable of the laws governing malpractice claims in your state. They should have represented clients in cases similar to yours. While they may not be able divulge specific details of previous verdicts and settlements (because the documents usually contain confidentiality clauses) An experienced birth injury lawyer should be able to give you a general idea of how they have helped their clients.

Your lawyer for birth injuries will examine your medical records to determine if there is any claims. They may require expert testimony. Usually, this involves speaking with other doctors to get a formal opinion about whether your doctor's actions were in violation of the standard of care during your child's delivery.

If your lawyer believes you have a legitimate case, they will make a claim against the defendants. This includes the doctor or nurses who delivered your child and hospital staff and anyone else who were involved in the birth. A successful lawsuit can bring you compensation for your family's lost income, out of pocket medical expenses, as well as suffering.

Gathering Evidence

While advances in medicine have made the birth injury lawsuits process safer than before, babies and mothers still face some risks of complications. The injuries caused by a doctor's negligence could result in the cost of medical expenses for a lifetime and financial burdens for families. A birth injury lawyer can assist them pursue financial compensation from the medical professionals responsible for the injury.

In order to prove that medical malpractice was the cause of the injuries, you will need to prove it. That will involve reviewing medical records and seeking opinions from medical experts to determine whether the treatment was in accordance with accepted standards of care. Medical malpractice can involve birth trauma, obstetrical errors as well as injuries sustained during labor and delivery.

An experienced injury lawyer can identify the most reliable witnesses and evidence that support your case. They will also be capable of negotiating with insurance companies and file a suit when needed. They know the tactics used by insurers to minimize settlements and handle the entire process.

A competent birth injury lawyer will be on contingency that is, they'll take care of your expenses and only charge a percentage if they are successful. This can save you money over time because you won't be paying a huge amount up front.

Filing an action

Your lawyer will file a lawsuit on your behalf if they believe you have an unsubstantiated claim. It's crucial to start the process as soon as possible, as the longer you wait, the more difficult it will be to create a strong case and recover fair compensation for your child.

The medical provider(s) will then be served with a letter from your lawyer informing them of the malpractice claim. Your lawyer will work with their insurance companies in an attempt to settle the claim. A skilled birth injury attorney has the experience and expertise to be able to discern the strategies insurance companies employ to limit settlement offers.

Your lawyer could also work with medical and financial experts to determine the appropriate amount to request in the form of a damages award. The amount you receive will be based on the impact the injury has affected your family financially and emotionally. It will also include any ongoing medical treatment and estimates of cost of living.

If your lawyer fails to reach a settlement with the defendant(s) in your case, they will bring your claim to trial. This is usually conducted before a judge and jury, who will determine the outcome of your claim. A successful trial verdict can often mean that you receive compensation sooner than a settlement.