Why You Should Hire a Birth Injury Attorney

If your child has suffered a birth injury that was caused by medical malpractice, you could be entitled to compensation for damages. These could include past and future medical expenses, wages you forfeited to care for your child, and many more.

To prevail in your case, you will need to show that medical experts violated their duty to care. Your lawyer can help you establish this through the use of medical experts.

Getting Started

As a parent, you may be overwhelmed by the care of a newborn and the associated medical costs. You may also be experiencing the emotional trauma that comes with your child's birth trauma.

You have the right to bring an action against the doctor or hospital responsible for your child's injuries but you'll need an experienced birth injury attorney to build a strong case and help you obtain a fair settlement. An experienced attorney can handle communications with insurance companies to file your claim and ensure that you have met the statute of limitations applicable to your situation.

The first step is to obtain an evaluation of your case for free with an experienced lawyer. During this meeting the lawyer will go over your medical records and assess whether you have an appropriate legal claim for compensation.

A good birth injury attorney has experience in handling medical malpractice claims and know how to evaluate the merits of your case. Additionally, the top attorneys have a track record of success in court. When interviewing an attorney inquire about the number of cases they usually take on at a time and if they have support staff to help manage their ongoing caseload. This will give a better indication of the attention that your case will receive.

Inquiring about Medical Records

In many instances medical negligence during labor and birth can result in serious injuries to babies and their families. A successful lawsuit could assist in paying for the future healthcare needs of the child. While a settlement won't reverse the harm caused by medical professionals but it can help families pay for the necessary treatments and therapies.

A reputable birth injury lawyer will be well-versed in the laws that govern malpractice claims in your state. They should have represented clients in similar cases to yours. Although they might not be able divulge specific details of settlements and verdicts (because these documents typically contain confidentiality provisions), an experienced birth injury attorney should be able to give an overall view of how they have helped their clients.

The birth injury law firms injury lawyer you choose to hire will start by reviewing medical records to determine whether you have a case. They may also need to obtain expert testimony. Usually, this involves speaking with other physicians to obtain an opinion on whether your doctor's actions were in violation of the standard of care during the birth of your child.

If your lawyer concludes that you have a legitimate case, they will make a claim against the defendants. This includes the nurse or doctor who delivered your child, as well as hospital personnel and anyone else involved in its birth. A successful lawsuit could result in compensation for your family’s lost income, medical bills and discomfort and pain.

Gathering Evidence

Although advances in medicine have made birthing more secure than ever before, both mothers and babies have to be aware of complications. The injuries caused by a doctor's negligence could result in an ongoing burden of medical bills and financial burdens for families. A birth injury lawyer can assist to seek financial compensation from the responsible medical professionals.

A successful claim will require evidence that the injuries were the result of medical malpractice. This involves looking over medical records and requesting opinions from medical experts to determine whether the treatment was consistent with accepted standards of medical care. Injuries that can be considered medical malpractice are obstetrical error and birth trauma, as well as injuries incurred during labor and birth.

A seasoned injury lawyer will be able identify the most reliable witnesses and evidence that help your case. They are also able to negotiate with the insurance companies and file a suit when necessary. They understand the pressure tactics that insurance companies employ to cut down on settlements and can handle the entire process from beginning to end.

A professional with experience in birth injuries will be on contingency which means that they take care of your expenses and Birth Injury only charge you a percentage of the amount if they prevail. This can save you money over time as you won't have to pay an enormous amount upfront.

Filing an action

Your lawyer will file a suit on your behalf if they believe you have an unsubstantiated claim. It is crucial to begin this process as quickly as possible because the longer you sit for, the more difficult is to construct a strong case and recover an appropriate amount of compensation for your child.

The medical provider(s) will then receive a letter from your attorney informing them of the malpractice claim. Your lawyer will then engage with insurance companies to resolve the matter. A good birth injury lawyer has the experience and knowledge to navigate the tactics used by insurers to minimize settlement offers.

Your lawyer could also work with medical and financial experts to determine the appropriate amount to request in the form of an award for damages. The amount will be determined based on the financial and emotional impact of the injury to your family. It will also include any ongoing medical treatments and estimates of cost of living.

If your lawyer is unable to reach a settlement agreement with the defendant(s) in your case, they will take your case to trial. This usually takes place in front a judge and jury, who will decide the outcome of your case. A successful trial can often result in compensation that is much quicker than a settlement.