Why You Should Hire a Birth Injury Attorney

If your child suffers a birth injury that was caused by medical malpractice, you may be eligible for compensation for damages. This includes past and future medical expenses, lost wages to care for your child, and much more.

You must show that medical professionals violated their duty of care in order to be successful in your case. Your lawyer can help you establish this through the use of medical experts.

Getting Started

As parents, you might be overwhelmed by taking care of your newborn and the associated medical expenses. You could also be suffering from the emotional trauma caused by your child's birth trauma.

You have the right to bring an action against the doctor or hospital responsible for your child's injury However, you'll require an experienced birth injury attorney to build a solid case and help you negotiate an equitable settlement. An experienced attorney can handle the insurance companies' communications, 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 assessment of your case by an experienced attorney. During the meeting your lawyer will go through all of your medical records to determine if you have a legal claim for compensation.

A reputable birth injury lawyer will have the experience of handling medical malpractice claims and are able to assess the merits of your case. The top lawyers also have an established track record of success. When interviewing an attorney, ask them how many cases they typically manage at the same time, and whether they have support staff to assist them in managing their current caseload. This will give you a better idea of the amount of the attention your case will receive.

Requesting Medical Records

In many instances medical negligence during labor and delivery could result in serious injuries to infants and their families. A successful lawsuit can help to pay for the future care needs of the child. A settlement can help families pay for needed treatments and therapies.

A good birth injury lawyer is familiar with the laws in your state pertaining to malpractice lawsuits. They should also have experience defending clients who have similar cases similar to yours. While they may not be able share specific details of past verdicts and settlements (because these documents typically contain confidentiality provisions), an experienced birth injury attorney can give you a general idea of how they've helped their clients.

Your lawyer for birth injuries will initially review your medical records to determine if you are entitled to a claim. They may also have to obtain expert testimony. This typically means speaking with other medical professionals to obtain an opinion from a professional on whether your doctor's actions were in breach of standard care during your baby's birth.

If your lawyer decides that you have a valid case, they'll make a claim 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 the birth. A successful lawsuit can bring you compensation for the loss of your family's income, as well as out of pocket medical expenses, and suffering and pain.

Gathering Evidence

Although medical advances have made childbirth more secure than in the past, mothers and their babies still have a chance of suffering complications. The injuries caused by a doctor's negligence could result in the cost of medical expenses for a lifetime and hardships for families. A birth injury lawyer can help them pursue financial compensation from the medical professionals responsible for the injury.

A successful claim requires evidence that the injuries were the result of medical malpractice. This requires looking over medical records and requesting opinions from medical experts to determine if the treatment complied with accepted standards of care. Medical malpractice may include birth trauma, obstetrical errors and injuries that occur during labor and delivery.

An experienced lawyer for injury will be able to identify the most effective evidence and witness testimonies to support your case. They are also able to negotiate with the insurance companies and file a lawsuit when needed. They are aware of the strategies used by insurance companies to limit settlements, and can manage the entire process.

A good birth injury lawyer will practice on a contingency basis, which means they will take care of your expenses and only charge you a percentage if they prevail. This could save you money over the long term as you don't have to pay an upfront cost.

Filing a Lawsuit

Your attorney will file a suit on your behalf if they believe that you have a valid claim. It is essential to begin this process as soon as you can, since the longer you put off in the process, the more difficult it'll be for you to make a solid case and get the right amount of compensation for your child.

Your lawyer will send a letter to the medical provider(s) informing them about your malpractice claim. The lawyer will discuss the matter with their insurance companies to try to settle the claim. A skilled birth injury attorney has the experience and expertise to understand the tactics insurance companies employ to limit settlement offers.

Your lawyer could 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 calculated based on the emotional and financial effects of the injury on your family. This will include ongoing medical treatments and an estimate of the cost of living.

If your lawyer is unable negotiate a settlement with the defendant(s) in your case, they will bring your claim to trial. This is usually conducted before a judge and jury, who will determine the outcome of your case. A successful trial verdict will often pay you compensation sooner than a settlement would.