Why You Should Hire a Birth Injury Attorney

You may be entitled compensation for damages that are specific to your child is born with an injury as a result of medical malpractice. This includes past and future medical costs, wages you've lost to provide care for your child, and much more.

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

Getting Started

You may feel overwhelmed by the medical bills that accompany a newborn. Additionally, you could be coping with emotional trauma due to the fact that your child has suffered an injury to their birth due to negligence in the medical field.

You have the legal right to file a lawsuit to make the hospital or doctor accountable for the harm to your child. However, you will require a birth injury lawyer who has the experience to help build a strong case. They can also assist you negotiate an acceptable settlement. An experienced attorney can manage communications with insurance companies and help you file your claim and ensure that you meet the statute of limitations that applies to your situation.

First, you should get an evaluation for free of your case with an experienced attorney. During this meeting the lawyer will go over your medical records and determine whether you have an appropriate legal claim for compensation.

A reputable birth injury lawyer has experience handling medical malpractice claims and know how to evaluate the merits of your case. In addition, the best lawyers have a proven track of court success. When interviewing an attorney inquire about the number of cases they usually handle at any given time and if they have support staff to assist in managing their ongoing caseload. This will give you a clear indication of the amount of attention your case will receive.

Medical Records - How to get Them

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

A reputable birth injury lawyer will be knowledgeable of the laws governing malpractice claims in your state. They should also have experience representing clients in similar cases similar to yours. They may not be able provide specific details regarding settlements or verdicts from the past as such documents usually contain confidentiality clauses, but a seasoned birth injury lawyer should be able to provide a general idea of the ways they assisted their clients.

The birth injury lawyer will start by reviewing medical records to determine whether you have a case. They may need to get expert testimony. This usually involves consulting other doctors to get an official opinion about whether your doctor's actions violated normal guidelines for your baby's birth.

If your lawyer decides that you do have an appropriate claim the lawyer will start a lawsuit for birth injuries against the defendants. This typically includes the doctor who delivered your baby, as well as nurses and hospital personnel involved in your child's birth injury lawsuits. A successful lawsuit could earn you compensation for your family's lost income, out-of-pocket medical expenses, as well as pain and suffering.

Gathering Evidence

While medical advances have made the birth process safer than before, babies and mothers have to be aware of complications. Accidents that result from negligence by a doctor can cause an entire lifetime of medical expenses and financial hardship for families. An attorney for 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 mean studying medical records and obtaining opinions from medical experts to determine if the treatment was up to standard. Some injuries that can be deemed medical malpractice can include obstetrical mistakes or birth trauma as well as injuries sustained during labor and delivery.

A seasoned injury lawyer can identify the most credible witnesses and evidence to support your case. They also have the experience to negotiate with insurance firms and file an action if necessary. They know the tactics of pressure used by insurers to reduce settlements and will be able to handle the entire process from start to finish.

A reputable birth injury lawyer will operate on a contingency-based basis which means they will pay all expenses associated with the case and only receive an amount of the money they win for you. This can save you money over the long term since you don't need to worry about paying an up-front fee.

Filing a Lawsuit

Your lawyer will file a suit on your behalf if they believe that you have an unsubstantiated claim. It's crucial to start the process as soon as possible since the longer you sit longer, the more difficult it will be to develop an effective case and win the right amount of compensation for your child.

The medical provider(s) will then be served with an email from your lawyer informing them of the malpractice claim. Your lawyer will then meet with insurance companies to try and settle the case. A good birth injury lawyer has experience and expertise to understand the strategies used by insurance companies to limit settlement offers.

Your lawyer could also work with medical and financial experts to determine the best amount to request in the form of an award of damages. The amount you request will take into account the impact that the accident has caused your family financially as well as emotionally. This will include ongoing medical care and birth injuries an estimate of the cost of living.

If your lawyer cannot reach a settlement in your case with the defendants, they'll bring your claim to court. Typically, this is done in front of jurors and judges who will then decide the outcome of your case. A successful trial verdict can often mean that you receive compensation much sooner than a settlement.