Why You Should Hire a Birth Injury Attorney

You could be eligible for compensation for special damages if your child is born with an injury as a result of medical malpractice. These could include past and future medical expenses, the wages you have to forfeit to care for your child, and many more.

You will need to prove that medical professionals did not fulfill their duty of care in order to win your case. Your lawyer can assist you establish this through the use of medical experts.

Getting Started

As parents, you could be overwhelmed by taking care of a baby and the medical bills that accompany it. You will also likely be coping with emotional trauma resulting from the fact that your child has suffered an injury to their birth due to negligence in the medical field.

You are entitled to file an action to bring the hospital or doctor accountable for the injuries to your child. However, you will require a birth injury lawyer with experience to help you build a strong case. They can also assist you negotiate an acceptable settlement. An experienced attorney can manage communication with insurance companies and file your claim. They can also ensure that you have met the deadlines for filing claims.

The first step is obtaining an initial free case assessment with an experienced lawyer. During the meeting your lawyer will go over all medical records to determine whether you have a valid claim for compensation.

A reputable birth injury lawyer has experience in handling medical malpractice cases and will know how to evaluate the merits of your case. In addition, the best attorneys have a track record of success in court. Ask the attorney what number of cases they are handling at a time and if they have a support staff to handle their caseload. This will give you a better idea of the amount of the attention your case will receive.

Requesting Medical Records

In many cases medical malpractice during labor and birth can result in serious injuries to infants and their families. A successful lawsuit can assist in paying for the future needs of a child. A settlement could help families pay necessary treatments and therapies.

A good birth injury lawyer is familiar with laws pertaining to malpractice claims in your state. They should have handled cases similar to yours. Although they might not be able to provide specific details of settlements and verdicts (because the documents usually contain confidentiality provisions) An experienced birth injury lawyer should be able to give you a broad idea of the ways they have assisted their clients.

Your birth injury lawyer will begin by reviewing medical records to determine whether you have an instance. They may require expert testimony. Generally, this involves 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 determines that you have a legitimate case, they will make a claim against the defendants. This includes the doctor or nurses who delivered your child as well as hospital personnel and any other people involved in the birth. A successful lawsuit can get you compensation for the loss of your family's income, out-of-pocket medical expenses, and suffering and pain.

Gathering Evidence

While advances in medicine have made childbirth safer than it was in the past, mothers and babies face some risk of complications. Accidents caused by a doctor's carelessness can lead to the cost of medical expenses for a lifetime and financial burdens for families. A birth injury lawyer can assist to seek financial settlement from the responsible medical professionals.

To prove that medical malpractice caused the injuries, you will need to prove it. This involves review of medical records and opinions from medical experts to determine whether the treatment was up to the standard. Injuries that can be considered medical malpractice are obstetrical error or birth traumas, as well as injuries sustained during labor and birth.

An experienced injury lawyer will be able to identify most credible witnesses and evidence to help your case. They will also have the experience to negotiate with insurance companies and file a lawsuit when necessary. They are aware of the tactics that insurance companies employ to limit settlements and will be able to handle the entire process from beginning to finish.

A reputable birth injury lawyer will work on a contingency basis that is, they will pay all expenses related to your case and only collect a percentage of what they are able to win for you. This can save you money over time since you won't have to pay a large fee up front.

Filing an action

If your attorney is convinced that you have a valid claim, they'll initiate a lawsuit on your behalf. It is crucial to start this process as soon as you can, since the longer you put off, the harder it will be for you to construct an argument that is solid and secure an adequate amount of money for your child.

Your lawyer will then send a note to the medical provider(s), informing them about your malpractice claims. Your lawyer will then work with insurance companies to resolve the matter. A reputable birth injury lawyer has the experience and expertise to understand the tactics insurance companies employ to limit settlement offers.

Your lawyer may also collaborate with financial and medical experts to determine the right amount to request in the form of an award for damages. The amount will consider the impact the injury has had on your family financially as well as emotionally. It will also include any ongoing medical treatments and estimates of cost of living.

If your lawyer is not able to reach a settlement agreement with the defendant(s) in your case, they will take your case to trial. This usually happens in front a judge and jury, who will determine the outcome of your case. A successful trial can often result in compensation that is much quicker than a settlement.