Why You Should Hire a Birth Injury Attorney

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

You must show that medical professionals violated their duty of care in order to be successful in your case. Your lawyer can help establish this through the use of medical experts.

Getting Started

As parents, you could be overwhelmed by the care of a newborn and the associated medical bills. You may also be dealing with emotional trauma as a result of the fact that your child suffered an injury to their birth due to medical negligence.

You are entitled to file a lawsuit against the hospital or doctor responsible for your child's injury, but you will need an experienced birth injury attorney to build a strong case and help you secure an appropriate settlement. An experienced lawyer will be able to manage communication with insurance companies as well as file your claim. They can also make sure that you are within the applicable statute of limitations.

In the beginning, you should seek an assessment of your case from an experienced attorney. During the consultation the lawyer will review all of your medical records to determine whether you have a legal claim for compensation.

A reputable birth injury lawyer has experience in handling medical malpractice claims, and is able to evaluate the merits of your case. Additionally, the top lawyers have a proven of court success. Ask the lawyer how many cases they handle at any given time and if they have support staff in place to handle their cases. This will give a better indication of the attention that your case will receive.

Requesting Medical Records

In many cases, medical malpractice during labor and delivery can result in serious injuries to infants and their families. A successful lawsuit could help with future medical requirements of the child. While a settlement can't undo the harm caused by medical staff however it can help families pay for medical treatments and therapies.

A reputable birth injury lawyer will be knowledgeable of the laws in your state with regard to malpractice lawsuits. They should also have experience representing clients in similar cases similar to yours. They might not be able provide specific details on settlements or verdicts that they have had in the past, as the documents generally contain confidentiality provisions, but a skilled birth injury lawyer should be able provide a general idea of how they have helped their clients.

Your lawyer for birth injuries will first review your medical records to determine if there is any claims. They may need to get expert testimony. This usually involves consulting other doctors to obtain an opinion from a professional on whether your doctor violated standard care during your baby's birth injury lawyers.

If your lawyer determines that you have a legitimate case, they will start a lawsuit against defendants. This includes the nurse or doctor who delivered your child and hospital staff and any other people involved in its birth. A successful lawsuit could result in compensation for your family’s loss of income, medical expenses as well as discomfort and pain.

Gathering Evidence

While medical advances have made childbirth much safer than in the past, mothers and babies have a chance of suffering complications. A negligent doctor birth Injury attorney can result in a lifetime of medical expenses and hardships for families. A birth injury lawyer can assist clients seek financial settlement from the medical professionals responsible for the injury.

A successful claim will require evidence that the injuries resulted from medical negligence. This involves reviewing medical records and seeking opinions from medical experts to determine whether the treatment was in accordance with accepted standards of medical care. Medical malpractice can involve birth trauma, obstetrical mistakes, and injuries sustained during labor and birth.

An experienced injury attorney can identify the most convincing evidence and witness testimonies to prove your case. They will also have the knowledge to bargain with insurance firms and file an action if necessary. They know the tactics of pressure that insurance companies employ to limit settlements and are able to manage the process from start to completion.

A reputable birth injury lawyer will work on a contingency basis which means that they will cover the entire cost of the case and only receive a portion of what they are able to win for you. This can save you money in the end as you don't have to pay an upfront fee.

Filing an action

When your attorney believes that you have a viable claim, they'll initiate a lawsuit on your behalf. It is important to begin the process as soon possible since the longer you sit for, the more difficult will be to create an effective case and win the right amount of compensation for your child.

Your lawyer will then send a letter to the medical provider(s) and inform them of your malpractice claim. Your lawyer will then negotiate with the insurance companies to try and settle the case. A skilled birth injury attorney has the experience and knowledge to be able to discern the strategies insurance companies employ to reduce settlement offers.

Your lawyer may also collaborate with medical and financial experts to determine an appropriate amount to ask for in the form of an award of damages. This amount will be calculated based on the emotional and financial impact of the accident to your family. This will include ongoing medical treatments and an estimate of the cost of living.

If your lawyer is unable to come to a deal with the defendant(s) in your case, they'll bring your case to trial. 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 sooner than a settlement.