Why You Should Hire a Birth Injury Attorney

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

To win your claim you will need to show that medical experts violated their duty to care. Your lawyer can help to prove this by making use of medical experts.

Getting Started

You may feel overwhelmed by the medical bills associated with a newborn. You may also be dealing with the emotional trauma that comes with your child's birth injury.

You have the right to file an action against the doctor or hospital responsible for your child's injury however, you'll require a skilled birth injury attorney to build an effective case and help you negotiate an appropriate settlement. An experienced attorney will be able to manage the communication with insurance companies and file your claim. They will also be able to ensure that you've met the deadlines for filing claims.

The first step is to get an initial free case assessment with an experienced lawyer. In this meeting the lawyer will go over your medical records and assess whether you have an appropriate legal claim for compensation.

A reputable birth injury lawyer has experience in handling medical malpractice claims and know how to assess your case for merit. In addition, the best attorneys have a track of success in court. When interviewing an attorney inquire about how many cases they typically manage at the same time, and whether they have support staff to assist them in managing their current caseload. This will give you a better idea of the level of attention your case will receive.

Finding Medical Records

In many instances, medical errors during labor and delivery can result in serious injuries to infants as as their families. A successful lawsuit could help pay for future care requirements of the child. A settlement can help families pay necessary treatments and therapies.

A good birth injury attorney will be knowledgeable of the laws in your state with regard to malpractice lawsuits. They should have represented clients in cases similar to yours. They might not be able provide specific details regarding settlements or verdicts from the past as such documents usually contain confidentiality provisions, Birth Injury Attorney but a skilled birth injury lawyer should be able to provide a general understanding of how they have helped their clients.

Your lawyer for birth injuries will examine your medical records to determine if you have a claim. They may also have to get expert testimony. Usually, this involves speaking with other doctors to get an opinion on whether the doctor's actions went against the standards of medical care during your child's birth.

If your lawyer concludes that you do have an appropriate claim then they will file a birth injury lawsuit against the defendants. This usually includes the doctor who delivered your baby, as in addition to any nurses or hospital personnel who were involved in the birth of your child. A successful lawsuit can bring you compensation for your family's lost income, out-of-pocket medical expenses, and suffering and pain.

Gathering Evidence

Although advances in medicine have made birthing safer than before, mothers and babies are still at risk of complications. Accidents that result due to a negligent doctor's carelessness can cause an unending amount of medical expenses and financial hardship for families. A birth injury attorney can assist them in obtaining financial compensation from the accountable doctors.

A successful claim requires evidence that the injuries resulted from medical malpractice. This will require looking over medical records and getting opinions from medical experts to determine whether the treatment was to the standard. The types of injuries that could be considered medical malpractice include obstetrical errors, birth trauma, and injuries incurred during labor and birth.

An experienced attorney for injuries will be able to determine the most convincing evidence and witness testimonies to prove your case. They will also have the expertise to negotiate with insurance companies and also file an action when needed. They know the tactics of pressure used by insurers to reduce settlements and can handle the entire process from start to finish.

A competent birth injury lawyer will work on contingency, which means they will cover your expenses and only take a percentage if they win. This could save you money in the end since you don't need to worry about paying an up-front cost.

Filing an action

Your lawyer will file a suit on your behalf if they believe you have an adequate claim. It is important to begin this process as quickly as feasible because the longer you wait longer, the more difficult it will be to create an argument that is strong and get an appropriate amount of compensation for your child.

The medical provider(s) will then be served with a letter from your attorney informing them of the malpractice claim. The lawyer will negotiate with their insurance companies in an effort to settle the claim. A reputable birth injury lawyer has the experience and expertise to understand the strategies used by insurance companies to limit settlement offers.

Your attorney can consult with financial and medical experts to determine the appropriate amount to be requested in the form a damages award. The amount will be based on how much impact the accident has had on your family financially as well as emotionally. This will include ongoing medical treatment as well as an estimate of the cost of living.

If your lawyer is unable to reach an agreement in your case with the defendants, they will bring your case to court. Typically, this is done in front of an impartial jury and a judge who then decide on the outcome of your case. A victory at trial will usually result in compensation much sooner than a settlement.