Why You Should Hire a Birth Injury Attorney

If your child has a birth injury resulting from medical malpractice, you could be entitled to compensation for special damages. These could include past and future medical expenses, the wages you have to forfeit to take care of your child, and much more.

You will need to demonstrate that medical professionals have violated their duty of care in order to win your case. Your lawyer can assist in proving this by utilizing medical experts.

Getting Started

You may feel overwhelmed by the medical expenses due to a baby. You could also be confronting the emotional trauma caused by the birth injury your child suffered.

You are entitled to file an action to bring the hospital or doctor accountable for the harm they caused to your child. But, you'll need a birth injury attorney who has the experience to help make a convincing case. They can also assist you negotiate an acceptable settlement. An experienced attorney can handle interactions with insurance companies, file your claim, and ensure you meet the statute of limitations applicable to your case.

The first step is to obtain a free case evaluation with an experienced lawyer. During the consultation, your lawyer will review all your medical records to determine whether you have a valid claim for compensation.

A good birth injury attorney has experience in handling medical malpractice claims and know how to assess your case to determine if it is meritorious. Additionally, the top attorneys have a demonstrated track of success in court. When interviewing an attorney, ask them how many cases they usually handle at a time and if they have a staff to assist in managing their ongoing caseload. This will give you an idea of how much attention your case will get.

Medical Records - How Do I Get Them

In a lot of cases, medical errors during labor and delivery can cause serious injuries to infants as well as their families. A successful lawsuit could assist in paying for the future health needs of a child. While a settlement can't undo the harm done by medical staff, it can help families pay for the necessary treatments and therapies.

A good birth injury attorney is well-versed in the laws in your state that pertain to malpractice lawsuits. They should have handled cases similar to yours. Although they may not be able to divulge specific details of past verdicts and settlements (because these documents typically contain confidentiality provisions), an experienced birth injury lawyer is likely to be able give you a broad idea of how they've helped their clients.

The lawyer for your birth injury will begin by reviewing medical records to determine if you have an instance. They may also be required to get expert testimony. In general, this means speaking with other physicians to obtain a formal opinion about whether your doctor's actions violated the standards of care during your child's delivery.

If your lawyer believes that you do have a valid claim the lawyer will file a birth injury lawsuit against the defendants. This usually includes the doctor who delivered your baby, as well as nurses and hospital personnel involved in the birth of your child. A successful lawsuit could result in compensation for your family's lost income, medical expenses and pain and discomfort.

Gathering Evidence

Although advances in medicine have made birthing safer than ever before, mothers and infants are still at risk of complications. Injuries that result from negligence of a doctor could cause an entire lifetime of medical expenses and financial hardship for families. A birth injury lawyer can help the injured party seek financial settlement from the responsible medical professionals.

A successful claim will require evidence that the injuries were caused by medical malpractice. This will require review of medical records and opinions from medical experts to determine whether the treatment was consistent with accepted standards of medical care. Injuries that can be considered medical malpractice could include obstetrical errors or birth injury attorneys trauma as well as injuries sustained during labor and birth.

A seasoned injury lawyer can identify the most reliable witnesses and evidence to support your case. They are also competent to negotiate with insurance companies and also file a suit in the event of need. They are aware of the pressure tactics that insurers use to minimize settlements and will be able to handle the entire process from start to finish.

A good birth injury lawyer will work on contingency which means that they cover your expenses and only take a percentage if they succeed. This can save money over time as you won't have to pay a large fee up front.

Filing a Lawsuit

If your attorney is convinced that you have a viable claim, they will initiate a lawsuit on your behalf. It is important to begin this process as fast as you can because the longer you delay and the longer it takes, the more difficult it will be for you to build an effective case and receive fair compensation for your kid.

Your lawyer will send a letter to the medical provider(s), informing them about your malpractice claims. Your lawyer will work with their insurance companies in order to settle the matter. An experienced birth injury lawyer has the knowledge and experience to know the tactics insurers employ to reduce settlement offers.

Your attorney may also consult with medical and financial experts to determine the proper amount that should be requested in the form of a damages award. The amount you receive will consider the impact that the injury has caused your family financially and emotionally. This will include ongoing medical care and an estimate of the cost of living.

If your lawyer fails to negotiate an agreement on your case with the defendants, they'll present your claim in the court. The majority of the time, this happens before jurors and judges who decide the outcome of your case. A victory at trial will usually result in compensation much quicker than a settlement.