Why You Should Hire a Birth Injury Attorney

You could be entitled to compensation for damages that are specific to your child is born with an injury as a result of medical malpractice. You may be entitled to compensation for your past and future medical costs as well as wages you've lost while taking care of your child, and more.

You must demonstrate that medical professionals have violated their duty of care in order to win your case. Your lawyer can help to prove this by making use of medical experts.

Getting Started

As parents, you could be overwhelmed by the care of your baby and the associated medical bills. You could also be dealing with the emotional trauma that comes with the birth injury of your child.

You have the right to file a lawsuit against the doctor or hospital responsible for your child's injury but you'll need an experienced birth injury lawyer to create an effective case and help you negotiate an equitable settlement. An experienced lawyer will be able to handle communication with insurance companies and file your claim. They can also make sure that you meet the applicable statute of limitations.

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

A reputable birth injury lawyer has expertise in dealing with medical malpractice claims, and know how to evaluate the merits of your case. In addition, the best lawyers have a proven track of court success. Ask the attorney what number of cases they are handling at a time and if they have a support staff to handle their cases. This will give you a better idea of the level of attention your case will receive.

Medical Records - How to Get These Records

In a lot of cases, medical negligence during labor and delivery can cause serious injuries to infants and their families. A successful lawsuit could aid in the payment of future needs of the child. A settlement could help families pay necessary treatments and therapies.

A reputable birth injury lawyer is aware of the laws regarding malpractice claims in your state. They should have represented clients in cases similar to yours. Although they might not be able divulge specific details about past settlements and verdicts (because the documents usually contain confidentiality provisions), an experienced attorney for birth injuries should be able to give an overall view of the way they have assisted their clients.

The birth injury lawyer you choose to hire will begin by looking over medical records to determine whether you have an instance. They may need to get expert testimony. Generally, this involves consulting with other physicians to obtain an opinion on whether your doctor violated the standards of care during your child's delivery.

If your lawyer decides that you do have an appropriate claim and they file a birth injury lawsuit against the defendants. Usually, this includes the doctor who delivered your baby, as well as nurses and hospital personnel involved in your child's birth. A successful lawsuit may get you compensation for the loss of your family's income, out-of-pocket medical expenses, and suffering.

Gathering Evidence

While medical advances have made birthing safer than ever before, mothers and babies are still at risk of complications. Injury resulting from negligence by a doctor can cause an entire lifetime of medical expenses and hardship for families. A birth injury lawyer can help them seek financial compensation from the accountable doctors.

To prove that medical malpractice caused the injuries, you will need to prove it. This involves studying medical records and seeking opinions from medical experts to determine whether the treatment met the accepted standards of care. Acute injuries that are deemed medical malpractice include obstetrical errors, birth trauma, and injuries incurred during labor and birth.

An experienced injury attorney can identify the most effective evidence and witness testimony to prove your case. They will also be capable of negotiating with insurance firms and file a lawsuit when necessary. They know the tactics used by insurers to minimize settlements, and they are able to handle the entire process.

A good birth injury lawyer will be on contingency, which means they will take care of your expenses and only charge you a percentage if they prevail. This could save you money in the long run since you don't need to pay an upfront fee.

Filing a Lawsuit

If your attorney believes you have a viable claim, they will bring a lawsuit on your behalf. It's crucial to start this process as quickly as possible since the longer you wait, the more difficult it is to construct a solid case and secure the right amount of compensation for your child.

The medical provider(s) will then be served with the letter from your lawyer to inform them of the malpractice claim. Your lawyer will then meet with insurance companies to try and settle the case. A good birth injury attorney has the experience and expertise to be able to discern the strategies insurance companies employ to reduce settlement offers.

Your lawyer may consult with financial and medical experts to determine the correct amount to request in the form a damages award. This amount will be calculated based on the financial and emotional impact of the accident to 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 take your case to trial. Typically, this is done in front of the jury and judge who decide the outcome of your case. A successful trial verdict can often provide you with compensation sooner than a settlement.