Why You Should Hire a Birth Injury Attorney

You could be entitled to compensation for special damages if your child is born with an injury due to medical malpractice. You could be entitled to compensation for past and future medical expenses and wages you have lost in to 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 assist you in proving this using medical experts.

Getting Started

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

You are entitled to file an action against the hospital or doctor birth injuries responsible for your child's injuries however, you'll require an experienced birth injury lawyer to help you build a strong case and help you negotiate an appropriate settlement. An experienced attorney can manage communications with insurance companies to file your claim and ensure that you have met the time limit that applies to your case.

First, you must get a free evaluation of your case from an experienced lawyer. During the meeting, the lawyer will review your medical records and determine whether you have a valid legal claim for compensation.

A good birth injury attorney is one who has handled medical malpractice cases and will know how to assess your case for merit. In addition, the best lawyers have a proven track record of success in court. Ask the attorney how many cases they handle at any given time and if they have support staff to manage their cases. This will give you an idea of the amount of attention your case will receive.

Medical Records - How to Get These Records

In a lot of cases medical negligence during labor and delivery could result in serious injuries to babies and their families. A successful lawsuit may aid in the payment of future needs of children. While a settlement can't undo the harm caused by medical staff but it can help families pay for the necessary treatments and therapies.

A reputable birth injury lawyer is familiar with laws pertaining to malpractice claims in your state. 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 the documents generally contain confidentiality provisions, but a skilled birth injury lawyer should be able to provide a general idea of the ways they assisted their clients.

The birth injury lawyer you choose to hire will start by reviewing medical records to determine whether you have an instance. They may need to get expert testimony. Generally, this involves consulting with other doctors to get an opinion on whether your doctor's actions were in violation of the standards of care during the birth of your child.

If your lawyer determines that you have an appropriate claim the lawyer will start a lawsuit for birth injuries against the defendants. Usually, this includes the doctor who delivered your baby as well as nurses and hospital personnel who were involved in the birth of your child. A successful lawsuit can bring you compensation for the loss of your family's income, out-of-pocket medical expenses, and pain and suffering.

Gathering Evidence

Although medical advances have made childbirth safer than it was in the past, mothers and their babies still have some risks of complications. Accidents caused by a medical professional's negligence can result in a lifetime of medical expenses and financial burdens for families. A birth injury lawyer can help clients seek financial compensation from medical professionals who are accountable.

A successful claim will require proof that the injuries resulted from medical malpractice. This involves looking over medical records and requesting opinions from medical experts to determine whether the treatment met accepted standards of medical care. Medical malpractice can include birth trauma, obstetrical error as well as injuries sustained during labor and birth.

An experienced injury lawyer will be able to identify most reliable witnesses and evidence that back your case. They are also capable of negotiating with insurance firms and file a lawsuit when needed. They are aware of the strategies used by insurers to minimize settlements, and they can handle the entire process.

A competent birth injury lawyer will operate on contingency which means that they pay for your expenses and only charge a percentage if they win. This can save you money in the long run since you don't need to pay an upfront fee.

Filing a Lawsuit

If your lawyer believes you have a legitimate claim, they'll file a lawsuit on your behalf. It is crucial to begin this process as quickly as feasible because the longer you wait for, the more difficult will be to build an effective case and win the right amount of compensation for your child.

The medical provider(s) will then receive an email from your lawyer informing them of the malpractice claim. Your lawyer will then work with insurance companies to resolve the matter. A good birth injury lawyer has experience and the knowledge to understand the strategies used by insurance companies to cut down settlement offers.

Your attorney may consult with medical and financial experts to determine the right amount to be requested in the form of a damages award. The amount will take into consideration the impact the injury has caused your family financially as well as emotionally. This will include ongoing medical care and an estimate of the cost of living.

If your lawyer is unable come to a deal with the defendant(s) in your case, they'll bring your case to trial. Typically, this is done before a judge and birth injuries jury who will decide the outcome of your case. A successful trial verdict will often mean that you receive the amount you need much earlier than a settlement would.