Why You Should Hire a Birth Injury Attorney

If your child suffers a birth injury caused by medical malpractice, you may be entitled to compensation for special damages. You may be entitled to compensation for past and future medical expenses and wages you have lost in caring for your child and more.

In order to win your case, you will need to show that medical experts violated their duty of care. Your lawyer can help you in proving this by utilizing medical experts.

Getting Started

As parents, you could be overwhelmed with taking care of your baby and the associated medical expenses. Additionally, you could be dealing with emotional trauma from the reality that your child suffered an injury at birth due to negligence in the medical field.

You are entitled to bring a lawsuit against the hospital or doctor who caused your child's injury However, you'll require a skilled birth injury attorney to build an effective case and help you get a fair settlement. An experienced attorney can manage interactions with insurance companies, file your claim, and ensure that you are within the deadline for filing a claim that applies to your situation.

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

A good birth injury attorney has experience in handling medical malpractice claims and know how to assess your case for merit. Additionally, the top attorneys have a track of success in court. When interviewing an attorney ask how many cases they typically handle at the same time, and whether they have a staff to assist them in managing their current caseload. This will give you an idea of the amount of attention your case will get.

Medical Records - How Do I Get Them

In a lot of cases medical errors during labor and delivery can result in serious injuries to infants as well as their families. A successful lawsuit could aid in the payment of future medical needs of the child. While a settlement cannot undo the harm caused by medical professionals however, it can assist families pay for needed treatments and therapies.

A good birth injury attorney will be knowledgeable of the laws of your state in relation to malpractice lawsuits. They should have represented clients in cases similar to yours. Although they may not be able share specific details of past settlements and verdicts (because such documents often contain confidentiality clauses), an experienced birth injuries injury attorney can give you a broad idea of the way they have assisted their clients.

Your birth injury lawyer will begin by looking over medical records to determine whether you have a case. They might also need to obtain expert testimony. In general, this means speaking with other doctors to get a formal opinion about whether your doctor violated the standards of care during your child's delivery.

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

Gathering Evidence

Although medical advances have made childbirth more secure than in the past, mothers and their babies still have some risks of complications. Accidents caused by a medical professional's negligence can result in the cost of medical expenses for a lifetime and hardships for families. A birth injury attorney can help them seek financial compensation from the responsible doctors.

In order to prove that medical malpractice caused the injuries, you will need to provide proof. This involves reviewing medical records and obtaining opinions from medical experts in order to determine whether the treatment provided was up to the standard. Medical malpractice can include birth trauma, obstetrical mistakes and injuries that occur during labor and delivery.

An experienced injury attorney can identify the most convincing evidence and witness testimony to back up your case. They will also be in a position to negotiate with insurance firms and file a lawsuit in the event of need. They are familiar with the tactics employed by insurance companies to reduce settlements and handle the entire process.

A good birth injury attorney will work on a contingency basis, meaning they will cover the entire cost of your case and will only take a percentage of the amount they get for you. This can help you save money over time because you won't be paying a large fee up front.

Filing an action

When your attorney believes that you have a valid claim, they'll start a lawsuit on behalf. It is important to begin the process as soon possible since the longer you wait, the more difficult it will be to build a solid case and secure 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. Your lawyer will then meet with insurance companies to settle the case. A good birth injury attorney has the experience and knowledge to navigate the tactics that insurance companies employ to reduce settlement offers.

Your attorney may also work with medical and financial experts to determine the right amount to request in the form of a damages award. This amount will be based on the impact the injury has had on 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 reach a settlement agreement with the defendant(s) in your case, they'll bring your case to trial. This is usually conducted in front a judge and jury, who decide the outcome of your claim. A successful trial verdict can often mean that you receive compensation sooner than a settlement.