Why You Should Hire a Birth Injury Attorney

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

You will need to show that medical professionals violated their duty of care in order to be successful in your case. Your lawyer can help to prove this by making use of medical experts.

Getting Started

As parents, you could be overwhelmed with the care of your newborn and the associated medical bills. You may also be coping with emotional trauma as a result of the fact that your child has suffered a birth injury due to negligence on the part of medical professionals.

You have the right to file an action to bring the hospital or doctor accountable for the injury to your child. But, you'll require a birth injury lawyer who has the experience to help make a convincing case. They can also help you negotiate a fair settlement. An experienced attorney can handle correspondence with insurance companies and file your claim and ensure that you are within the statute of limitations applicable to your case.

First, you must get a free evaluation of your case with an experienced lawyer. During the consultation, your lawyer will review all of your medical records to determine whether you have a legal claim for compensation.

A good birth injury lawyer has experience handling medical malpractice cases, and is able to evaluate the merits of your case. Additionally, the top lawyers have a proven track of court success. When interviewing an attorney ask them how many cases they usually take on at a time and if they have support staff to assist in managing their ongoing caseload. This will give you an idea of the amount of attention your case will receive.

Medical Records - How to Obtain These Records

In a lot of cases medical malpractice during labor and birth can result in serious injuries to infants and their families. A successful lawsuit could help pay for the future care needs of a child. A settlement can assist families with the cost of necessary treatments and therapies.

A reputable birth injury lawyer should be knowledgeable of the laws governing malpractice claims in your state. They must also have experience in representing clients who have similar cases similar to yours. Although they may not be able divulge specific details of previous settlements or verdicts (because such documents often contain confidentiality provisions), an experienced attorney for birth injuries will be able to provide an overall view of the way they have assisted their clients.

Your lawyer for birth injuries will first review your medical records to determine if there is any claims. They may also have to obtain expert testimony. This typically means speaking with other doctors to obtain a formal opinion on whether your doctor breached the usual care of your baby's birth.

If your lawyer determines that you have a legitimate case, they will bring a lawsuit against the defendants. This usually includes the doctor who delivered your baby, birth injuries as in addition to any nurses or hospital personnel who were involved in your child's birth. A successful lawsuit could result in compensation for your family's lost income, medical bills as well as pain and discomfort.

Gathering Evidence

Although medical advances have made childbirth much safer than in the past, mothers and their babies still face some risk of complications. The injuries caused by a doctor's carelessness can lead to an ongoing burden of medical bills and financial hardship for families. A birth injury lawyer can assist the injured party seek financial settlement from the responsible medical professionals.

A successful claim will require proof that the injuries were the result of medical malpractice. This involves review of medical records and opinions from medical experts to determine if the treatment was consistent with the accepted standards of care. Medical malpractice may include birth trauma, obstetrical mistakes, and injuries sustained during labor and delivery.

An experienced injury lawyer will be able identify the most credible witnesses and evidence to back your case. They will also be capable of negotiating with insurance companies and file a suit in the event of need. They are familiar with the strategies employed by insurance companies to reduce settlements and handle the entire process.

A good birth injury attorney will be on a contingency basis which means they will pay the entire cost of the case and only receive an amount of the money they get for birth injuries you. This could save you money in the long run as you don't have to worry about paying an up-front fee.

Filing an action

Your attorney will file a lawsuit on your behalf if they believe you have an adequate claim. It's important to start the process as soon possible since the longer you put off and the longer you wait, the more difficult it will be to create a solid case and secure the right amount of compensation for your child.

Your lawyer will then send a letter the medical provider(s) and inform them about your malpractice claim. Your lawyer will then work with insurance companies to try and resolve the matter. A good birth injury lawyer has expertise and experience to navigate the tactics used by insurers to minimize settlement offers.

Your lawyer can also consult with medical and financial experts to determine the right amount to request in the form of a damages award. The amount will be based on the emotional and financial impact 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 reach a settlement agreement with the defendant(s) in your case, they will bring your claim to trial. The majority of the time, this happens before a judge and jury who decide the outcome of your case. A successful trial verdict can often provide you with more money than a settlement would.