Why You Should Hire a Birth Injury Attorney

If your child suffers a birth injury that was caused by medical malpractice, you may be entitled to compensation for specific damages. These include future and past medical costs, wages you've lost to provide care for your child, as well as other damages.

You will need to prove that medical professionals did not fulfill their duty of care in order to be successful in your case. Your lawyer can assist in establishing this by using medical experts.

Getting Started

It is possible to feel overwhelmed by the medical costs due to a baby. You could also be experiencing the emotional trauma caused by the birth injury of your child.

You are entitled to bring a lawsuit against the hospital or doctor responsible for your child's injury but you'll require a skilled birth injury lawyer to construct an impressive case and birth injuries assist you obtain an appropriate settlement. An experienced attorney can manage the communication with insurance companies as well as file your claim. They can also ensure that you have met the applicable statute of limitations.

In the beginning, you should seek an evaluation for free of your situation with an experienced attorney. During the meeting the lawyer will review all of your medical records to determine whether you have a valid claim for compensation.

A good birth injury attorney will have experience handling medical malpractice claims and will know how to assess the merits of your claim. In addition, the best lawyers have a proven track of success in court. Ask the lawyer what number of cases they are handling at a time, and if they have support staff in place to handle their caseload. This will give you an idea of the amount of attention your case will receive.

Medical Records - How to Get Them

In many cases, medical negligence during labor and birth can cause serious injuries to infants and their families. A successful lawsuit may help pay for birth injuries the future health needs of a child. A settlement could aid families in paying for necessary treatments and therapies.

A reputable birth injury lawyer will be knowledgeable of the laws governing malpractice claims in your state. They should have represented clients in similar cases to yours. Although they might not be able to divulge specific details about past settlements and verdicts (because these documents typically contain confidentiality provisions), an experienced attorney for birth injuries will be able to provide an overall view of how they have helped their clients.

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

If your lawyer decides that you have a valid claim the lawyer will start a lawsuit for birth injuries against the defendants. This includes the nurse or doctor who delivered your child and hospital staff and any other people who were involved in the birth. A successful lawsuit could result in compensation for your family’s lost income, medical bills as well as discomfort and pain.

Gathering Evidence

Although advances in medicine have made birthing safer than ever before, mothers and infants have to be aware of complications. Injury resulting due to a negligent doctor's carelessness can cause a lifetime of medical costs and financial hardship for families. An attorney for birth injuries can assist them in obtaining financial compensation from the responsible doctors.

To prove that medical malpractice caused the injuries, you'll have to prove it. That will involve review of medical records and opinions from medical experts to determine if the treatment complied with the accepted standards of care. Some injuries that can be deemed medical malpractice are obstetrical error and birth trauma, as well as injuries incurred during labor and delivery.

A seasoned injury lawyer will be able to identify the best witnesses and evidence to back your case. They will also be competent to negotiate with insurance companies and file a lawsuit in the event of need. They are aware of the pressure tactics used by insurers to reduce settlements and will be able to handle the entire process from start to the end.

A professional with experience in birth injuries will operate on contingency, which means they will pay for your expenses and charge you a percentage if they win. This will save you money over time as you won't be paying an enormous amount upfront.

Filing a Lawsuit

If your lawyer believes you have a valid claim, they will file a lawsuit on your behalf. It is crucial to start this process as fast as you can, since the longer you wait, the harder it will be for you to create an impressive case and win fair compensation for your kid.

The medical provider(s) will then receive the letter from your lawyer informing them of the malpractice claim. Your lawyer will work with their insurance companies in order to settle the claim. A reputable birth injury lawyer has the experience and expertise to know the tactics insurers use to minimize settlement offers.

Your attorney may also work with medical and financial experts to determine the best amount to ask for in the form of an award for damages. The amount you request will consider how much impact the accident has had on your family financially as well as emotionally. It will also include any ongoing medical treatments and estimates of cost of living.

If your lawyer fails to reach a settlement with the defendant(s) in your case, they'll take your case to trial. The majority of the time, this happens before an impartial jury and a judge who will then decide the outcome of your case. A successful trial verdict will often pay you compensation sooner than a settlement.