Why You Should Hire a Birth Injury Attorney

If your child suffers a birth injury due to medical negligence, you may be eligible for compensation for damages. You could be entitled to compensation for past and future medical expenses as well as wages you've lost while caring for your child, and more.

You will need to prove the medical professionals breached their duty of care in order to be successful in your case. Your lawyer can help you in proving this through medical experts.

Getting Started

As parents, you could be overwhelmed by the care of a newborn and the associated medical expenses. You may also be experiencing the emotional trauma caused by your child's birth trauma.

You are entitled to file an action to bring the hospital or doctor Birth injury lawyer accountable for the injury to your child. However, you will need a birth injury attorney with experience to help you create a strong case. They can also assist you negotiate an acceptable settlement. An experienced attorney will be able manage your communication with insurance companies as well as file your claim. They can also ensure that you are within the statute of limitations applicable to you.

The first step is to obtain an assessment of your case free of charge from an experienced lawyer. In this meeting the lawyer will go over your medical records and assess whether you have a valid legal claim for compensation.

A good birth injury attorney will have experience handling medical malpractice cases and knows how to assess the merits of your claim. The top lawyers also have a track record of success. When interviewing an attorney, ask how many cases they usually handle at a time and if they have a staff to manage their ongoing caseload. This will give you a better indication of the amount of attention your case will receive.

Obtaining Medical Records

In a lot of cases medical negligence during labor and delivery can result in serious injuries to infants as as their families. A successful lawsuit can aid in the payment of future medical requirements of the child. While a settlement won't reverse the harm caused by medical staff, it can help families pay for medical treatments and therapies.

A good birth injury attorney will be knowledgeable of the laws in your state pertaining to malpractice lawsuits. They must also have experience in representing clients who have similar cases to yours. While they may not be able to divulge specific details about past verdicts and settlements (because the documents usually contain confidentiality clauses), an experienced birth injury lawyer will be able to provide you a general sense of how they have helped their clients.

Your lawyer for birth injuries will first look over your medical records to determine whether you have any claims. They may need to get expert testimony. This typically involves speaking with other doctors to get an official opinion about whether your doctor's actions were in breach of norms of care for Birth Injury Lawyer your baby during its birth.

If your lawyer decides that you have an appropriate claim then they will bring a birth injury lawsuit against the defendants. This usually includes the doctor who delivered your baby as well as any nurses and hospital personnel who were involved in the birth of your child. A successful lawsuit could earn you compensation for the loss of your family's income, out of pocket medical expenses, as well as suffering.

Gathering Evidence

While medical advances have made birthing more secure than ever before, mothers and babies are still at risk of complications. Injuries caused by a medical professional's negligence can result in the cost of medical expenses for a lifetime and hardships for families. An attorney for birth injuries can help families seek financial compensation from the responsible doctors.

To prove that medical malpractice caused the injuries, you'll need to prove it. That will involve reviewing medical records and seeking opinions from medical experts to determine if the treatment was consistent with accepted standards of care. Medical malpractice can involve birth trauma, obstetrical mistakes, and injuries sustained during labor and delivery.

A seasoned injury lawyer will be able identify the most credible witnesses and evidence to support your case. They will also be able to negotiate with the insurance firms and file a lawsuit when needed. They are familiar with the tactics employed by insurance companies to limit settlements, and can manage the entire process.

A professional with experience in birth injuries will be on contingency that means they take care of your expenses and only charge you a percentage of the amount if they succeed. This could save you money over the long term because you don't have pay an upfront fee.

Filing a Lawsuit

Your lawyer will file a suit on your behalf if they believe you have an adequate claim. It is crucial to begin the process as soon as possible, as the longer you wait, the more difficult it will be to create a solid case and secure the right amount of compensation for your child.

Your lawyer will then send a letter to the medical provider(s), informing them about your malpractice claim. Your lawyer will then engage with insurance companies to try and settle the case. A skilled birth injury attorney has the expertise and experience to be able to discern the strategies insurance companies employ to limit settlement offers.

Your attorney may also work with financial and medical experts to determine the right amount to ask for in the form of an award of damages. The amount you receive will be based on the impact that the injury has caused your family financially and emotionally. It will also include any ongoing medical treatments and a cost of living estimate.

If your lawyer fails to negotiate a settlement in your case with the defendants, they'll take your case to the court. Most often, this is done in front of jurors and judges who then decide on the outcome of your case. A successful trial verdict will often result in compensation much quicker than a settlement.