Why You Should Hire a Birth Injury Attorney

You could be eligible for compensation for damages that are specific to your child suffers a birth injury as a result of medical malpractice. You could be entitled to compensation for your past and future medical costs and wages you have lost in to care for your child and more.

You must prove that medical professionals did not fulfill their duty of care in order to be successful in your case. Your lawyer can assist in proving this by utilizing medical experts.

Getting Started

You may feel overwhelmed by the medical expenses for a newborn. You may also be dealing with the emotional trauma caused by the birth injury your child suffered.

You have the right file an action to bring the hospital or doctor accountable for the injuries to your child. However, you'll require a birth injury lawyer with years of experience to help you create a strong case. They can also help you negotiate an acceptable settlement. An experienced attorney can manage the communication with insurance companies and file your claim. They will also be able to ensure that you meet the deadlines for filing claims.

In the beginning, you should seek an initial free assessment of your case with an experienced lawyer. During this meeting, the lawyer will review your medical records and determine whether you have an appropriate legal claim for compensation.

A reputable birth injury lawyer will have experience handling medical malpractice claims and know how to assess your case to determine if it is meritorious. Additionally, the top attorneys have a demonstrated track record of success in court. When interviewing an attorney, ask them how many cases they usually handle at any given time and if they have a staff to help manage their ongoing caseload. This will give you a better idea of the level of attention your case will receive.

Requesting Medical Records

In many instances, medical errors during labor and delivery can result in serious injuries to infants as well as their families. A successful lawsuit could help pay for the future needs of a child. While a settlement cannot undo the harm caused by medical staff however, it can assist families pay for needed treatments and therapies.

A reputable birth injury lawyer is well-versed in the laws that govern malpractice claims in your state. They should have represented clients in similar cases to yours. While they may not be able share specific details of previous verdicts and settlements (because these documents typically contain confidentiality provisions), an experienced birth injury lawyer can give an overall view of the ways they have assisted their clients.

Your birth injury lawyer will begin by looking over medical records to determine if you have a case. They may also have to get expert testimony. This usually involves consulting other medical professionals to obtain a formal opinion on whether your doctor breached the norms of care for your baby during its birth.

If your lawyer determines that you do have an appropriate claim and they 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 involved in the birth. A successful lawsuit could result in compensation for your family’s lost income, medical costs as well as discomfort and pain.

Gathering Evidence

While advances in medicine have made birthing safer than ever before, mothers and babies still face some risks of complications. Injuries that result from a doctor's negligence can result in a lifetime of medical costs and financial hardship for families. A birth injury lawyer can help the injured party seek financial settlement from the medical professionals responsible for the injury.

A successful claim requires proof that the injuries resulted from medical negligence. This involves looking over medical records and getting opinions from medical experts to determine if the treatment was up to the standard. Medical malpractice can involve birth trauma, obstetrical errors and injuries that occur during labor and birth.

A seasoned injury lawyer can identify the most convincing evidence and witness testimonies to prove your case. They also have the expertise to negotiate with insurance companies and file an action if necessary. They are familiar with the strategies employed by insurers to minimize settlements and manage the entire process.

A reputable birth injury lawyer will operate on a contingency-based basis that is, they will pay all expenses associated with your case, and only collect an amount of the money they get for you. This could save you money in the end since you don't need to pay an upfront fee.

Filing an action

Your attorney will file a lawsuit on your behalf if they believe you have an adequate claim. It is essential to begin this process as fast as you can because the longer you delay in the process, the more difficult it'll be for you to create an effective case and receive an appropriate amount of compensation for your child.

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

Your attorney may consult with medical and financial experts to determine the correct amount to be requested in the form of a damages award. The amount will take into account how much impact the accident has caused your family financially as well as emotionally. It will also include any ongoing medical treatments and a cost of living estimate.

If your lawyer fails to come to a deal with the defendant(s) in your case, they'll take your case to trial. Most often, this is done in front of an impartial jury and a judge who then decide on the outcome of your case. A successful trial verdict can often provide you with compensation much sooner than a settlement.