Why You Should Hire a Birth Injury Attorney

If your child has a birth injury caused by medical malpractice, you could be eligible for compensation for damages. You could be entitled to compensation for past and future medical expenses, wages you lost to care for your child and more.

You will need to demonstrate that medical professionals have violated their duty of care to win your case. Your lawyer can help to prove this through the use of medical experts.

Getting Started

It is possible to feel overwhelmed by the medical expenses that accompany a newborn. Additionally, you could be coping with emotional trauma due to the reality that your child suffered injuries to his or her birth due negligence on the part of medical professionals.

You have the legal right to file an action to hold the doctor or hospital accountable for the injury to your child. But, you'll require a birth injury attorney with years of experience to help you make a convincing case. They can also assist you negotiate an acceptable settlement. An experienced attorney can manage communications with insurance companies, file your claim, and ensure that you meet the statute of limitations applicable to your case.

The first step is to request a free case evaluation with an experienced lawyer. During the consultation your lawyer will go through all of your medical records to determine if you have a legal claim for compensation.

A reputable birth injury lawyer has experience in handling medical malpractice cases and will know how to assess your case to determine if it is meritorious. The best lawyers also have an established track record of success. Ask the attorney how many cases they handle at any given time and if they have support staff to manage their cases. This will give you an idea of the amount of attention your case will get.

Requesting Medical Records

In many cases medical malpractice during labor and delivery could cause serious injuries to babies and their families. A successful lawsuit could help to pay for the future medical needs of a child. While a settlement cannot undo the harm caused by medical professionals however it can help families pay for necessary treatments and therapies.

A reputable birth injury lawyer should be aware of the laws regarding malpractice claims in your state. They should have been involved in cases similar to yours. While they may not be able to divulge specific details of past settlements or verdicts (because such documents often contain confidentiality provisions), an experienced birth injury lawyer is likely to be able give an overall view of the way they have assisted their clients.

The birth injury lawyer will begin by reviewing medical records to determine whether you have a case. They may require expert testimony. Typically, this means consulting with other physicians to obtain a formal opinion about whether your doctor's actions violated the standard of medical care during your child's birth.

If your lawyer decides that you have a valid case, they'll bring a lawsuit against the defendants. This typically includes the doctor who delivered your baby, as along with any nurses and firm hospital personnel involved in the birth of your child. A successful lawsuit can get you compensation for your family's lost income, out of pocket medical expenses, and suffering and pain.

Gathering Evidence

Although advances in medicine have made the birth injury law firms process safer than before, mothers and babies are still at risk of complications. Accidents caused by a medical professional's negligence can result in a lifetime of medical expenses and hardships for families. An attorney who specializes in birth injuries can assist in obtaining financial compensation from the accountable doctors.

To prove that medical malpractice was the cause of the injuries, you will have to prove it. This will require studying medical records and seeking opinions from medical experts to determine if the treatment met the accepted standards of care. Medical malpractice can involve birth trauma, obstetrical errors as well as injuries sustained during labor and delivery.

An experienced lawyer for injury will be able to determine the most effective evidence and witness testimony to prove your case. They also have the expertise to bargain with insurance firms and file an action when needed. They know the tactics used by insurance companies to limit settlements, and can manage the entire process.

A skilled birth injury lawyer will work on contingency that is, they'll take care of your expenses and only charge a percentage if they prevail. This could save you money in the end because you don't have pay an upfront fee.

Filing a Lawsuit

When your attorney believes that you have a valid claim, they will file a lawsuit on your behalf. It is essential to begin the process as soon as you can, because the longer you put off, the harder it will be for you to create a solid case and get the right amount of compensation for your child.

The medical provider(s) will then be served with a letter from your lawyer to inform them of the malpractice claim. Your lawyer will then negotiate with the insurance companies to try and resolve the matter. A good birth injury lawyer has the expertise and experience to be able to discern the tactics employed by insurance companies to cut down settlement offers.

Your lawyer could also work with financial and medical experts to determine the right amount to ask for in the form of damages award. This amount will consider the impact that 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 fails to negotiate an agreement in your case with the defendants, they'll bring your claim to the court. This is usually done before a judge and jury, who will determine the outcome of your case. A successful trial can often result in compensation much quicker than a settlement.