Why You Should Hire a Birth Injury Attorney

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

To prevail in your case, you must prove that the medical experts violated their duty of care. Your lawyer can help to prove this through the use of medical experts.

Getting Started

As a parent, you may be overwhelmed with taking care of a newborn and the medical bills that accompany it. Additionally, you could be coping with emotional trauma resulting from the fact that your child suffered injuries to his or her birth due negligence on the part of medical professionals.

You have the right to file a lawsuit against the doctor or hospital accountable for the injury to your child, but you will require a skilled birth injury lawyer to construct a solid case and help you obtain an appropriate settlement. An experienced attorney will be able manage the communication with insurance companies and file your claim. They can also make sure that you've met the deadlines for filing claims.

The first step is to obtain an assessment of your case free of charge from an experienced lawyer. During the consultation the lawyer will review all your medical records to determine if you have a legal claim for compensation.

A good birth injury lawyer will have the experience of handling medical malpractice claims, and will be able to assess the merits of your case. The top lawyers also have an experience of success. Ask the attorney how many cases they take on at any given time and if they have support staff in place to handle their cases. This will give you a better idea of the amount of time and attention your case will receive.

Medical Records - How Do I Get Them

In many instances, medical negligence during labor and birth can cause serious injuries to babies and their families. A successful lawsuit can aid in the payment of future needs of the child. While a settlement can't undo the harm done by medical staff however, it can assist families pay for medical treatments and therapies.

A good birth injury lawyer is familiar with the laws of your state in relation to malpractice lawsuits. They should also have experience representing clients in similar cases to yours. They may not be able give you specific details about settlements or verdicts that they have had in the past, as these documents typically contain confidentiality provisions, but an experienced birth injury lawyer should be able provide a general idea of the ways they assisted their clients.

The birth injury lawyer you choose to hire will begin by reviewing medical records to determine whether you have a case. They may require expert testimony. This usually means consulting with other medical professionals to obtain an official opinion on whether your doctor's actions were in breach of usual care of your baby's birth.

If your lawyer believes that you do have an appropriate claim then they will start a lawsuit for birth injuries against the defendants. This includes the nurse or doctor who delivered your child, as well as hospital personnel and anyone else involved in the birth. A successful lawsuit can get you compensation for the loss of your family's income, out of pocket medical expenses, as well pain and suffering.

Gathering Evidence

Although advances in medicine have made birthing more secure than ever before, mothers and infants are still susceptible to complications. Injury resulting due to a negligent doctor's carelessness can result in an unending amount of medical expenses and financial hardship for families. A birth injury lawyer can assist in obtaining financial compensation from the accountable doctors.

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 if the treatment was in accordance with accepted standards of medical care. Medical malpractice can include birth trauma, obstetrical mistakes and injuries sustained during labor and delivery.

A seasoned injury lawyer can identify the most reliable witnesses and evidence that help your case. They also have the expertise to negotiate with insurance firms and file an action if necessary. They know the tactics used by insurance companies to reduce settlements, and can manage the entire process.

A professional with experience in birth injuries will be on contingency that is, they'll pay for your expenses and only charge a percentage if they win. This will save you money over time as you won't have to pay a huge amount up front.

Filing a Lawsuit

Your lawyer will file a suit on your behalf if they believe you have an unsubstantiated claim. It is important to begin this process as quickly as you can, since the longer you wait in the process, the more difficult it'll be for you to create an effective case and receive an appropriate amount of compensation for your child.

The medical provider(s) will then receive a letter from your attorney informing them of the malpractice claim. Your lawyer will then negotiate with the insurance companies to settle the case. A good birth injury attorney has the experience and expertise to navigate the tactics that insurers use to minimize settlement offers.

Your attorney can consult with medical and financial experts to determine the proper amount to request in the form of a damages award. The amount will take into account how much impact the accident has affected your family financially and emotionally. This will include ongoing medical treatments and an estimate of the cost of living.

If your lawyer cannot reach a settlement in your case with the defendants, they'll present your claim in the court. The majority of the time, this happens in front of jurors and judges who will then decide the outcome of your case. A successful trial verdict can result in compensation much sooner than a settlement.