Why You Should Hire a Birth Injury Attorney

You may be entitled to compensation for damages that are specific to your child suffers a birth injury as a result of medical negligence. These include past and future medical expenses, lost wages to provide care for your child, and much more.

You will need to demonstrate that medical professionals have violated their duty of care in order to win your case. Your lawyer can assist in proving this through medical experts.

Getting Started

As a parent, you may be overwhelmed by the care of your newborn and the medical bills that accompany it. You may also be dealing with the emotional trauma of your child's birth trauma.

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

First, you must get an assessment of your case from an experienced attorney. During the consultation your lawyer will go through all of your medical records to determine whether you have a valid claim for compensation.

A reputable birth injury lawyer will have experience with medical malpractice cases and will know how to evaluate your case to determine if it is meritorious. In addition, the best attorneys have a track record of success in court. Ask the attorney how many cases they handle at a time and if they have support staff to manage their cases. This will give you a better indication of the attention that your case will receive.

Inquiring about Medical Records

In many cases, medical negligence during labor and birth can cause serious injuries to infants as as their families. A successful lawsuit can help pay for the future medical needs of children. Settlements can help families pay for needed treatments and therapies.

A reputable birth injury lawyer should be well-versed in the laws that govern malpractice claims in your state. They should have represented clients in cases similar to yours. While they may not be able to provide specific details of past settlements or verdicts (because these documents typically contain confidentiality provisions) An experienced birth injury lawyers injury lawyer will be able to provide you a general sense of how they've helped their clients.

Your birth injury lawyer will begin by looking over medical records to determine if you have an instance. They may require expert testimony. Generally, this involves consulting with other doctors to get an opinion on whether your doctor's actions were in violation of the standard of care during the birth of your child.

If your lawyer decides that you do have a valid claim then they will bring a birth injury lawsuit against the defendants. This includes the nurse or doctor who delivered your child and hospital staff and any other people who were involved in the birth. A successful lawsuit could result in compensation for your family’s lost income, medical costs and discomfort and pain.

Gathering Evidence

While medical advances have made birthing safer than before, babies and mothers have to be aware of complications. The injuries that result due to a negligent doctor's carelessness can cause a lifetime of medical costs and hardship for families. A birth injury lawyer can assist them pursue financial compensation from the responsible medical professionals.

In order to prove that medical malpractice was the cause of the injuries, you will need to prove it. This will mean looking over medical records and getting opinions from medical experts to determine if the treatment was up to standard. The types of injuries that could be considered medical malpractice are obstetrical error or birth traumas, as well as injuries incurred during labor and birth.

An experienced injury lawyer will be able identify the most reliable witnesses and evidence that back your case. They will also have the experience to bargain with insurance firms and file an action if necessary. They know the tactics of pressure that insurers use to minimize settlements and are able to manage the entire process from beginning to end.

A reputable birth injury lawyer will work on a contingency basis which means they will pay all expenses related to the case and only receive a percentage of the amount they win for you. This can save you money over the long term since you don't need to be concerned about paying a upfront cost.

Filing an action

Your attorney will file a suit on your behalf if they believe you have an appropriate claim. It's important to start the process as soon as possible because the longer you put off, the more difficult it will be to develop a strong case and recover the right amount of compensation for your child.

Your lawyer will then send a note to the medical provider(s), informing them of your malpractice claim. Your lawyer will then negotiate with the insurance companies to try and settle the case. A reputable birth injury lawyer has the experience and knowledge to navigate the tactics that insurers employ to reduce settlement offers.

Your lawyer can also work with medical and financial experts to determine the right amount to ask for in the form of an award of damages. This amount will be based on the emotional and financial impact of the accident to your family. This will include ongoing medical treatment as well as an estimate of the cost of living.

If your lawyer fails to reach a settlement with the defendant(s) in your case, they'll bring your case to trial. The majority of the time, this happens in front of a judge and jury who decide the outcome of your case. A successful trial verdict can often pay you the amount you need much earlier than a settlement would.