Why You Should Hire a Birth Injury Attorney

If your child is suffering from a birth injury due to medical malpractice, you could be entitled to compensation for damages. You may be entitled to compensation for past and future medical expenses or wages you were unable to earn while caring for your child, and more.

You will need to demonstrate that medical professionals have violated their duty of care in order to be successful in your case. Your lawyer can help you to prove this through the use of medical experts.

Getting Started

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

You have the right to file a lawsuit to ensure that the hospital or doctor is held accountable for the harm to your child. But, you'll need a birth injury attorney who has experience to assist you create a convincing case. They can also assist you negotiate an acceptable settlement. An experienced lawyer will be able to manage communication with insurance companies as well as file your claim. They will also be able to ensure that you have met the deadlines for filing claims.

In the beginning, you should seek a free evaluation of your case with an experienced attorney. During this meeting, the lawyer will review your medical records and assess whether you have an adequate legal claim to compensation.

A good birth injury attorney has experience in handling medical malpractice claims and will know how to evaluate the merits of your case. The best lawyers also have an established track record of success. When interviewing an attorney inquire about how many cases they typically handle at a time and if they have support staff to assist them in managing their current caseload. This will give you an insight into the amount of attention your case will receive.

Requesting Medical Records

In many cases, medical malpractice during labor and delivery could cause serious injuries to babies and their families. A successful lawsuit could aid in the payment of future care needs of children. Settlements can assist families with the cost of necessary treatments and therapies.

A good birth injury attorney will be familiar with the laws in your state pertaining to malpractice lawsuits. They are also likely to have represented clients who have similar cases similar to yours. While they may not be able share specific details about past settlements or verdicts (because the documents usually contain confidentiality provisions), an experienced birth injury attorney should be able to give you a general idea of the ways they have assisted their clients.

Your lawyer for birth injuries will examine your medical records to determine if you are entitled to a claim. They may also need to obtain expert testimony. Typically, this means consulting with other physicians to obtain an opinion on whether your doctor's actions were in violation of the standard of medical care during your child's birth.

If your lawyer determines that you have an appropriate claim the lawyer will initiate a birth injury lawsuit against the defendants. Typically, this would include the doctor who delivered your baby, as well as nurses and hospital personnel who were involved in your child's birth. A successful lawsuit could result in compensation for your family’s lost income, medical expenses as well as discomfort and pain.

Gathering Evidence

While medical advances have made birthing safer than ever before, mothers and infants are still susceptible to complications. Injuries caused by a negligent doctor can result in the cost of medical expenses for a lifetime and hardships for families. A birth injury law firms injury attorney can assist them in obtaining financial compensation from the responsible doctors.

To prove that medical malpractice was the cause of the injuries, you will be required to prove the injury. That will involve looking over medical records and requesting opinions from medical experts to determine if the treatment was in accordance with accepted standards of care. Medical malpractice could include birth trauma, obstetrical malpractices as well as injuries sustained during labor and delivery.

An experienced injury attorney will be able to determine the most effective evidence and witness testimonies to prove your case. They will also have the expertise to negotiate with insurance companies and to file a lawsuit when necessary. They understand the pressure tactics that insurance companies employ to cut down on settlements and are able to manage the process from beginning to finish.

A good birth injury attorney will work on a contingency basis that is, they will pay all costs associated with your case, and only collect a percentage of the amount they get for you. This could save you money in the long run as you won't have to worry about paying an up-front fee.

Filing a Lawsuit

If your lawyer believes you have a valid claim, they will bring a lawsuit on your behalf. It is important to begin the process as soon as possible, as the longer you delay, the more difficult it is to construct a strong case and recover the right amount of compensation for your child.

The medical provider(s) will then receive the letter from your lawyer to inform them of the malpractice claim. Then, your lawyer will discuss the matter with their insurance providers to try to settle the case. A good birth injury attorney has the experience and expertise to be able to discern the strategies insurance companies employ to limit settlement offers.

Your attorney may consult with financial and medical experts to determine the proper amount to be requested in the form a damages award. This amount will be calculated based on the financial and emotional consequences of the injury to your family. This will include ongoing medical treatments and an estimate of the cost of living.

If your lawyer fails to negotiate an agreement in your case with the defendants, they will bring your claim to court. This usually happens before a judge and jury, who will decide the outcome of your claim. A successful trial verdict will often result in compensation much quicker than a settlement.