Why You Should Hire a Birth Injury Attorney

If your child suffers a birth injury resulting from medical malpractice, you could be entitled to compensation for specific damages. This includes past and future medical costs, wages you've lost to care for your child, and much more.

In order to win your case, you must prove that medical professionals violated their duty of care. Your lawyer can aid you in proving this using medical experts.

Getting Started

You might be overwhelmed by the medical bills for a newborn. You may also be experiencing the emotional trauma that comes with your child's birth injury.

You have the right to file an action against the hospital or doctor who caused your child's injury, but you will require an experienced birth injury lawyer to construct an impressive case and assist you secure an appropriate settlement. An experienced attorney can manage communications with insurance companies, file your claim, and ensure you meet the deadline for filing a claim that applies to your case.

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

A reputable birth injury lawyer will have expertise in dealing with medical malpractice claims, and is able to evaluate the merits of your case. In addition, the best lawyers have a proven of court success. Ask the attorney how many cases they take on at a time, and if they have support staff in place to handle their cases. This will give you a clear insight into the amount of attention your case will receive.

Medical Records - How to get These Records

In many instances medical negligence during labor and delivery can result in serious injuries to babies and their families. A successful lawsuit may aid in the payment of future health needs of the child. While a settlement will not reverse the harm caused by medical professionals but it can help families pay for needed treatments and therapies.

A good birth injury lawyer will be knowledgeable of the laws in your state pertaining to malpractice lawsuits. They should have represented clients in cases similar to yours. While they may not be able to divulge specific details of verdicts and settlements (because the documents usually contain confidentiality clauses) An experienced birth injury attorney can give you a general sense of how they have helped their clients.

Your lawyer for birth injuries will examine your medical records to determine if you have any claims. They may need to get expert testimony. Usually, this involves speaking with other physicians to obtain an opinion on whether your doctor's actions were in violation of the standard of care during the birth of your child.

If your lawyer determines that you have a valid case, they will file a lawsuit against the defendants. This typically includes the doctor who delivered your baby, as along with any 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 discomfort and pain.

Gathering Evidence

While medical advances have made birthing safer than before, both mothers and babies still face some risks of complications. Injuries caused by a doctor's carelessness can lead to the cost of medical expenses for a lifetime and hardships for families. An attorney who specializes in birth injuries can help them seek financial compensation from the responsible doctors.

In order to prove that medical malpractice caused the injuries, you will be required to prove the injury. This will mean review of medical records and opinions from medical experts in order to determine whether the treatment was up to standard. Injuries that can be considered medical malpractice can include obstetrical mistakes or birth trauma as well as injuries sustained during labor and birth.

An experienced attorney for injuries will be able to identify the best evidence and witness testimonies to prove your case. They also be able to bargain with insurance firms and file a lawsuit when necessary. They are familiar with the tactics employed by insurance companies to reduce settlements, and can handle the entire process.

A reputable birth injury lawyer will work on a contingency basis which means that they will cover all expenses associated with your case, and only collect an amount of the money they are able to win for you. This will save you money over time because you won't have to pay a huge amount up front.

Filing an action

Your lawyer will file a suit on your behalf if they believe you have an adequate claim. It is essential to begin this process as soon as possible, because the longer you delay in the process, the more difficult it'll be for you to make an impressive case and win an adequate amount of money for your child.

The medical provider(s) will then receive an email from your lawyer to inform them of the malpractice claim. Your lawyer will work with their insurance companies in order to settle the claim. A skilled birth injury attorney has the expertise and experience to be able to discern the strategies insurance companies employ to limit settlement offers.

Your attorney may consult with medical and financial experts to determine the proper amount to request in the form of a damages award. The amount will be based on the emotional and financial impact of the accident to your family. It will also include any ongoing medical treatments and an estimate of the cost of living.

If your lawyer is unable to reach an agreement on your case with the defendants, they will bring your claim to the court. This usually happens before a judge and jury, who decide the outcome of your case. A successful trial can often result in a much faster settlement than an agreement.