Why You Should Hire a Birth Injury Attorney

If your child has a birth injury that was caused by medical negligence, you may be eligible for compensation for damages. You could be entitled to compensation for your past and future medical expenses and wages you have lost in taking care of your child, and more.

You must show that medical professionals violated their duty of care in order to be successful in your case. Your lawyer can assist you to prove this by making use of medical experts.

Getting Started

As a parent, you may be overwhelmed with taking care of a newborn and the associated medical bills. You may also be dealing with emotional trauma from the fact that your child suffered an injury to their birth due to medical negligence.

You have the right file an action to bring the hospital or doctor accountable for the harm they caused to your child. However, you will need a birth injury attorney who has experience to assist you make a convincing case. They can also help you negotiate a fair settlement. An experienced attorney can manage the insurance companies' communications to file your claim and ensure that you are within the statute of limitations that applies to your situation.

The first step is to get an assessment of your case by an experienced attorney. During the meeting your lawyer will go through all of 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 the merits of your case. Additionally, the top attorneys have a demonstrated track record of success in court. When interviewing an attorney, inquire about how many cases they usually take on at any given time and if they have support staff to assist them in managing their current caseload. This will give a better indication of the attention that your case will receive.

Finding Medical Records

In many instances medical malpractice during labor and delivery could cause serious injuries to infants and their families. A successful lawsuit could help pay for future care requirements of the child. A settlement could help families pay for needed treatments and therapies.

A good birth injury attorney will be knowledgeable of the laws in your state pertaining to malpractice lawsuits. They should have represented clients in cases similar to yours. Although they might not be able share specific details of past settlements and verdicts (because these documents typically contain confidentiality provisions), an experienced birth injury attorney is likely to be able give you a general idea of the way they have assisted their clients.

The birth injury lawyer will start by reviewing medical records to determine whether you have a case. They may also have to get expert testimony. Generally, this involves consulting with other physicians to obtain an opinion regarding whether the doctor's actions went against the standard of medical care during your child's birth.

If your lawyer determines that you have a valid case, they will make a claim against the defendants. This typically 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 earn you compensation for the loss of your family's income, out of pocket medical expenses, as well as suffering and pain.

Gathering Evidence

While advances in medicine have made birthing more secure than ever before, both mothers and babies are still susceptible to complications. Injuries that result from negligence by a doctor can cause the cost of medical treatment for a lifetime and financial hardship for families. A birth injury attorney can help families seek financial compensation from the accountable doctors.

In order to prove that medical malpractice caused the injuries, you'll need to provide proof. This involves review of medical records and opinions from medical experts to determine whether the treatment provided was up to standard. Some injuries that can be deemed medical malpractice are obstetrical error or birth traumas, as well as injuries sustained during labor and delivery.

A seasoned injury lawyer will be able to determine the most reliable evidence and witness testimony to support your case. They will also be able to bargain with insurance companies and file lawsuits if needed. They understand the pressure tactics used by insurers to reduce settlements and can handle the entire process from beginning to finish.

A good birth injury attorney will be on a contingency basis which means that they will cover all expenses related to your case, and only collect a percentage of the amount they can win 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 attorney believes you have a valid claim, they will bring a lawsuit on your behalf. It is crucial to start this process as soon as you can, since the longer you delay, the harder it will be for you to make an effective case and receive an appropriate amount of compensation for your child.

The medical provider(s) will then be served with an email from your lawyer informing them of the malpractice claim. Your lawyer will work with their insurance companies in an effort to settle the case. A good birth injury attorney has the experience and Birth Injury Attorney expertise to be able to discern the strategies insurers use to minimize settlement offers.

Your lawyer could also work with medical and financial experts to determine the right amount to ask for in the form of a damages award. The amount will be based on the financial and emotional consequences of the injury to your family. This will include ongoing medical treatment and an estimate of the cost of living.

If your lawyer is unable come to a deal with the defendant(s) in your case, they will bring your case to trial. This is usually done in front a judge and jury, who will decide the outcome of your case. A verdict that is successful in court can often provide you with more money than a settlement would.