Why You Should Hire a Birth Injury Attorney

If your child suffers a birth injury resulting from medical malpractice, you could be entitled to compensation for damages. You may be entitled to compensation for your past and future medical costs and wages you have lost in caring for your child and more.

You will need to prove that medical professionals did not fulfill their duty of care to be successful in your case. Your lawyer can assist you in proving this using medical experts.

Getting Started

As parents, you could be overwhelmed by taking care of your baby and the associated medical expenses. Additionally, you could be coping with emotional trauma from the reality that your child suffered an injury at birth due to negligence in the medical field.

You are entitled to bring an action against the doctor or hospital who caused your child's injury however, you'll require an experienced birth injury attorney to build a solid case and help you obtain a fair settlement. An experienced attorney can manage communications with insurance companies and file your claim and ensure you meet the time limit that applies to your situation.

The first step is to get an evaluation of your case for free with an experienced lawyer. During the consultation your lawyer will go over all of your medical records to determine whether you are entitled to a claim for compensation.

A reputable birth injury lawyer will have experience handling medical malpractice claims and will 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. Ask the lawyer how many cases they handle at a time, and if they have support staff in place to handle their caseload. This will give you a better insight into the amount of attention your case will receive.

Inquiring about Medical Records

In many cases medical mistakes during labor and delivery can cause serious injuries to infants as well as their families. A successful lawsuit may help pay for the future care needs of the child. Settlements can aid families in paying for necessary treatments and therapies.

A good birth injury lawyer will be knowledgeable of the laws in your state with regard to malpractice lawsuits. They should also have experience defending clients who have similar cases similar to yours. Although they might not be able to divulge specific details of previous settlements and verdicts (because such documents often contain confidentiality provisions) An experienced attorney for birth injuries will be able to provide you a broad idea of the ways they have assisted their clients.

Your 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 obtain an official opinion on whether your doctor's actions violated norms of care for your baby during its birth.

If your lawyer concludes that you have a valid case, they will start a lawsuit against defendants. This includes the nurse or doctor who delivered your child, and hospital staff and anyone else involved in the birth. A successful lawsuit could earn you compensation for the loss of your family's income, out-of-pocket medical expenses, and suffering.

Gathering Evidence

While medical advances have made the birth process safer than before, mothers and infants still face some risks of complications. Injuries caused by a medical professional's negligence can result in a lifetime of medical expenses and financial burdens for families. A birth injury attorney can assist them in obtaining financial compensation from the responsible doctors.

To prove that medical malpractice was the cause of the injuries, you will need to prove it. This requires 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 error and injuries that occur during labor and delivery.

A seasoned injury lawyer will be able to identify best witnesses and evidence to back your case. They also have the experience to negotiate with insurance companies and file lawsuits if needed. They know the tactics of pressure that insurance companies employ to cut down on settlements and will be able to handle the process from beginning to finish.

A good birth injury lawyer will work on contingency which means that they take care of your expenses and only charge you a percentage of the amount if they are successful. This will save you money in the long run as you won't have to worry about paying an up-front fee.

Filing an action

If your lawyer believes you have a viable claim, they'll bring a lawsuit on your behalf. It is crucial to begin this process as soon as possible, as the longer you put off and birth injury the longer you wait, the more difficult it is to construct a strong case and recover the right amount of compensation for your child.

The medical provider(s) will then receive an email from your lawyer informing them of the malpractice claim. Then, your lawyer will negotiate with their insurance companies to try to settle the case. A reputable birth injury lawyer has the experience and knowledge to understand the tactics insurance companies employ to reduce settlement offers.

Your lawyer may also consult with medical and financial experts to determine the appropriate amount to request in the form of a damages award. This amount will be based on the emotional and financial consequences of the injury to your family. It will also include any ongoing medical treatment and an estimate of the cost of living.

If your lawyer is unable to reach a settlement for your case with the defendants, they'll present your claim in court. This is usually done before a judge and jury, who decide the outcome of your case. A successful trial can often mean that you receive more money than a settlement would.