Why You Should Hire a Birth Injury Attorney

If your child suffers a birth injury resulting from medical malpractice, you may be entitled to compensation for special damages. These include past and future medical costs, wages you've lost to care for your child, and much more.

You will need to prove that medical professionals did not fulfill their duty of care in order to be successful in your case. Your lawyer can assist you in establishing this by using medical experts.

Getting Started

You may be overwhelmed by the medical expenses associated with a newborn. You may also be experiencing the emotional trauma that comes with your child's birth trauma.

You have the legal right to file a lawsuit to hold the doctor or hospital accountable for the injury to your child. However, you'll require a birth injury attorney with years of experience to help you build a strong 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 you meet the statute of limitations applicable to your situation.

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

A reputable birth injury lawyer has experience handling medical malpractice claims and are able to assess the merits of your case. The best lawyers also have an experience of success. Ask the lawyer how many cases they take on at any given time and if they have a support staff to handle their caseload. This will give you a better indication of the attention that your case will receive.

Medical Records - How to get These Records

In many instances, medical negligence during labor and delivery could cause serious injuries to babies and their families. A successful lawsuit can help to pay for the future needs of a child. While a settlement won't reverse the harm caused by medical staff however it can help families pay for needed treatments and therapies.

An experienced birth injury attorney is well-versed in the laws in your state that pertain to malpractice lawsuits. They should have been involved in cases similar to yours. While they may not be able to provide specific details about past verdicts and settlements (because these documents typically contain confidentiality provisions), an experienced birth injury attorney should be able to give you a general sense of the ways they have assisted their clients.

The birth injury lawyer will start by reviewing medical records to determine whether you have a case. They may require expert testimony. In general, this means speaking with other doctors to get an official opinion on whether your doctor's actions violated the standard of care during your child's delivery.

If your lawyer concludes that you do have an appropriate claim, they will file a birth injury lawsuit against the defendants. This typically 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 bills and discomfort and pain.

Gathering Evidence

Although medical advances have made childbirth much more secure than in the past mothers and babies face some risk of complications. Accidents that result from negligence by a doctor can result in an unending amount of medical expenses and hardship for families. A birth injury lawyer can assist to seek financial settlement from the responsible medical professionals.

In order to prove that medical malpractice was the cause of the injuries, you will be required to prove the injury. This involves looking over medical records and requesting opinions from medical experts to determine whether the treatment complied with accepted standards of medical care. Medical malpractice can include birth trauma, obstetrical error and injuries sustained during labor and birth.

An experienced lawyer for injury will be able to identify most credible witnesses and evidence to help your case. They also have the experience to bargain with insurance companies and also file an action if necessary. They are aware of the tactics that insurance companies employ to cut down on settlements, and can manage the entire process from beginning to finish.

A reputable birth injuries injury lawyer will operate on a contingency-based basis which means that they will cover all expenses related to your case and will only take a percentage of what they get for you. This could save you money over the long term because you don't have worry about paying an up-front cost.

Filing an action

Your attorney will file a suit on your behalf if they believe you have an adequate claim. It is important to begin this process as fast as you can, because the longer you delay, the harder it will be for you to construct a solid case and get an adequate amount of money for your child.

The medical provider(s) will then receive the letter from your lawyer to inform them of the malpractice claim. Your lawyer will then work with insurance companies to settle the case. A reputable birth injury lawyer has the experience and the knowledge to know the tactics employed by insurers to reduce settlement offers.

Your attorney may also work with financial and medical experts to determine the right amount to ask for in the form of damages award. This amount will be based on the financial and emotional consequences of the injury to your family. 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 on your case with the defendants, they will present your claim in the court. This usually takes place before a judge and jury, who will decide the outcome of your case. A successful trial verdict will often pay you compensation sooner than a settlement.