Why You Should Hire a Birth Injury Attorney

If your child is suffering from a birth injury due to medical malpractice, you could be eligible for compensation for damages. These could include past and future medical costs, birth injury wages you've lost to care for your child, and more.

You must demonstrate that medical professionals have violated their duty of care in order to win your case. Your lawyer can help you in proving this by utilizing medical experts.

Getting Started

As parents, you could be overwhelmed by taking care of a newborn and the associated medical costs. You could also be coping with emotional trauma from the reality that your child suffered an injury to their birth due to negligence in the medical field.

You are entitled to bring a lawsuit against the hospital or doctor responsible for your child's injuries however, you'll require an experienced birth injury lawyer to create an impressive case and assist you obtain a fair settlement. An experienced attorney will be able to manage communication with insurance companies as well as file your claim. They can also ensure that you are within the applicable statute of limitations.

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

A reputable birth injury lawyer has expertise in dealing with medical malpractice cases, and is able to evaluate the merits of your case. The most effective lawyers also have an established track record of success. Ask the lawyer how many cases they handle at any given time and if they have support staff in place to handle their caseload. This will give you a better idea of how much attention your case will get.

Medical Records - How to Obtain Them

In many instances, medical mistakes during labor and delivery can result in serious injuries to infants as as their families. A successful lawsuit can assist in paying for the future medical needs of a child. A settlement could help families pay for needed treatments and birth injury therapies.

An experienced birth injury attorney will be familiar with the laws in your state that pertain to malpractice lawsuits. They should have represented clients in similar cases to yours. While they may not be able to provide specific details of past settlements and verdicts (because the documents usually contain confidentiality provisions), an experienced attorney for birth injuries will be able to provide you a broad idea of how they have helped their clients.

Your lawyer for birth injuries will examine your medical records to determine if there is any claims. They may also need to get expert testimony. This typically means speaking with other doctors to get an official opinion about whether your doctor's actions violated normal guidelines for your baby's birth.

If your lawyer believes that you do have an appropriate claim the lawyer will start a lawsuit for birth injuries against the defendants. This includes the nurse or doctor who delivered your child as well as hospital personnel as well as any other persons involved in its birth. A successful lawsuit may get you compensation for the loss of your family's income, out of pocket medical expenses, as well suffering.

Gathering Evidence

While medical advances have made birthing safer than before, babies and mothers are still at risk of complications. Accidents that result from a doctor's negligence can result in a lifetime of medical costs and financial hardship for families. A birth injury lawyer can assist them pursue financial settlement from the medical professionals responsible for the injury.

To prove that medical malpractice was the cause of the injuries, you'll have to prove it. This involves studying medical records and obtaining opinions from medical experts to determine whether the treatment provided was up to standards. Medical malpractice may include birth trauma, obstetrical mistakes and injuries sustained during labor and birth.

An experienced lawyer for injury will be able to determine the best evidence and witness testimonies to prove your case. They will also be capable of negotiating with insurance companies and file a lawsuit in the event of need. They know the tactics used by insurers to reduce settlements and manage the entire process.

A skilled birth injury lawyer will operate on contingency, which means they will cover your expenses and only charge a percentage if they are successful. This will save you money over time because you won't be paying an upfront fee of a significant amount.

Filing a Lawsuit

If your lawyer believes you have a legitimate claim, they'll bring a lawsuit on your behalf. It is crucial to start the process as soon as you can, because the longer you put off in the process, the more difficult it'll be for you to construct a solid case and get fair compensation for your kid.

The medical provider(s) will then receive a letter from your lawyer to inform them of the malpractice claim. Your lawyer will work with their insurance companies in an effort to settle the case. A good birth injury lawsuit injury lawyer has the experience and knowledge to be able to discern the tactics employed by insurance companies to limit settlement offers.

Your lawyer can also work with medical and financial experts to determine the appropriate amount to request in the form of a damages award. The amount will take into consideration how much impact the accident has caused your family financially and emotionally. It will also include any ongoing medical treatment and estimates of cost of living.

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