Why You Should Hire a Birth Injury Attorney

If your child has suffered a birth injury due to medical negligence, you may be entitled to compensation for special damages. This includes past and future medical expenses, the wages you have to forfeit to care for your child, and much more.

You must prove that medical professionals did not fulfill their duty of care to win your case. Your lawyer can assist you establish this through the assistance of medical experts.

Getting Started

As parents, you might be overwhelmed with the care of a newborn and the associated medical costs. You may also be coping with emotional trauma from the fact that your child suffered an injury to their birth due to negligence in the medical field.

You have the legal right to file an action to hold the doctor or hospital accountable for the injuries to your child. However, you will need a birth injury law firm injury attorney who has the experience to help make a convincing case. They can also help you negotiate a fair settlement. An experienced attorney can handle correspondence with insurance companies and file your claim and ensure that you are within the deadline for filing a claim that applies to your situation.

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

A good birth injury attorney will have experience handling medical malpractice cases and knows how to assess your case to determine if it is meritorious. The best lawyers also have a track record of success. When interviewing an attorney, inquire about how many cases they typically handle at any given time and if they have a support staff to manage their ongoing caseload. This will give you an idea of how much attention your case will receive.

Medical Records - How to Get These Records

In many instances medical negligence during labor and delivery could cause serious injuries to babies and their families. A successful lawsuit can assist in paying for the future health needs of a child. While a settlement can't undo the harm caused by medical professionals however, it can assist families pay for needed treatments and therapies.

A good birth injury attorney is well-versed in the laws of your state in relation to malpractice lawsuits. They should have represented clients in cases similar to yours. While they may not be able to provide specific details about past settlements or verdicts (because such documents often contain confidentiality clauses) An experienced birth injury attorney should be able to give you a general sense of how they have helped their clients.

The birth injury lawyer you choose to hire will begin by reviewing medical records to determine if you have an instance. They may also need to obtain expert testimony. This typically involves speaking with other doctors to obtain an opinion from a professional on whether your doctor's actions violated norms of care for your baby during its birth.

If your lawyer determines that you do have a valid claim then they will bring a birth injury lawsuit against the defendants. Usually, this includes the doctor who delivered your baby as along with 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 expenses and pain and discomfort.

Gathering Evidence

Although advances in medicine have made birthing more secure than ever before, babies and mothers are still susceptible to complications. Injury resulting from negligence by a doctor can cause a lifetime of medical costs and financial hardship for families. A birth injury attorney can assist in obtaining financial compensation from the accountable doctors.

In order to prove that medical malpractice was the cause of the injuries, you'll be required to prove the injury. This will require review of medical records and opinions from medical experts in order to determine whether the treatment provided was up to standards. Acute injuries that are deemed medical malpractice include obstetrical errors and birth trauma, as well as injuries sustained during labor and birth.

An experienced lawyer for injury will be able to identify most reliable witnesses and evidence that prove your case. They will also be competent to negotiate with insurance companies and file a lawsuit when necessary. They understand the pressure tactics that insurance companies employ to limit settlements and can handle the process from beginning to the end.

A good birth injury attorney will be on a contingency basis which means they will pay all expenses associated with your case, and only collect a percentage of the amount they get for you. This will save you money in the long run since you won't be paying an upfront fee of a significant amount.

Filing a Lawsuit

If your lawyer believes you have a plausible claim, they'll start a lawsuit on behalf. It is crucial to start this process as soon as you can because the longer you wait and the longer it takes, the more difficult it will be for you to build a solid case and get the right amount of compensation for your child.

The medical provider(s) will then be served with the letter from your lawyer informing them of the malpractice claim. Your lawyer will then meet with insurance companies to resolve the matter. A good birth injury attorney has the experience and knowledge to understand the tactics insurers employ to reduce settlement offers.

Your lawyer could also work with medical and financial experts to determine the right amount to ask for in the form of an award for damages. The amount will be based on the impact that the injury has had on your family financially and emotionally. It will also include any ongoing medical treatments and estimates of cost of living.

If your lawyer is unable negotiate a settlement with the defendant(s) in your case, they will take your claim to trial. This usually takes place before a judge or jury, who will decide the outcome of your case. A successful trial verdict will often result in compensation that is much quicker than an agreement.