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 damages. These could include past and future medical expenses, wages you forfeited to take care of your child, and much more.

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

Getting Started

As parents, you could be overwhelmed by the care of a baby and the medical bills that accompany it. You may also be confronting the emotional trauma caused by your child's birth injury.

You are entitled to file an action against the hospital or doctor responsible for your child's injuries, but you will need an experienced birth injury attorney to build a strong case and help you secure a fair settlement. An experienced attorney will be able to manage communication with insurance companies as well as file your claim. They can also ensure that you meet the statute of limitations applicable to you.

In the beginning, you should seek a free evaluation of your case with an experienced lawyer. In this session the lawyer will go over your medical records and determine whether you have an appropriate legal claim for compensation.

A reputable birth injury lawyer will have experience handling medical malpractice claims and will know how to evaluate your case to determine if it is meritorious. The best lawyers also have an established track record of success. When interviewing an attorney, inquire about how many cases they typically manage at any given time and if they have support staff to manage their ongoing caseload. This will give you an idea of how much attention your case will get.

Medical Records - How to get They

In a lot of cases medical malpractice during labor and birth can cause serious injuries to babies and their families. A successful lawsuit can help pay for future care needs of the child. Settlements can help families pay necessary treatments and therapies.

An experienced birth injury attorney is well-versed in the laws of your state in relation to malpractice lawsuits. They are also likely to have represented clients in similar cases to yours. While they may not be able to provide specific details of verdicts and settlements (because such documents often contain confidentiality clauses), an experienced birth injury attorney will be able to provide you a general idea of how they've helped their clients.

Your lawyer for birth injuries will first look over your medical records to determine if there is any claims. They might also need to obtain expert testimony. Generally, this involves consulting with other physicians to obtain an official opinion on whether the doctor's actions went against the standard of care during the birth of your child.

If your lawyer determines that you do have a valid claim, they will file a birth injury lawsuit 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 costs as well as pain and discomfort.

Gathering Evidence

While medical advances have made the birth process safer than before, mothers and infants are still susceptible to complications. The injuries caused by a doctor's negligence could result in an ongoing burden of medical bills and financial hardship for families. A birth injury lawyer can help to seek financial compensation from the medical professionals responsible for the injury.

A successful claim requires evidence that the injuries were the result of medical malpractice. This involves studying medical records and seeking opinions from medical experts to determine whether the treatment met accepted standards of care. Medical malpractice can include birth trauma, obstetrical error as well as injuries sustained during labor and delivery.

An experienced lawyer for injury can help you identify the most effective evidence and witness testimonies to prove your case. They will also be able to negotiate with insurance companies and file lawsuits if needed. They are aware of the strategies used by insurance companies to reduce settlements, and they are able to manage the entire process.

A good birth injury attorney will work on a contingency basis which means they will pay all costs associated with the case and only receive a portion of what they can win for you. This will save you money over time because you won't be paying a large fee up front.

Filing an action

Your lawyer will file a lawsuit on your behalf if they believe you have an unsubstantiated claim. It's crucial to start this process as soon as possible since the longer you delay, the more difficult it will be to build an argument that is strong and get the right amount of compensation for your child.

Your lawyer will then send a note to the medical provider(s) and inform them about your malpractice claim. Then, your lawyer will negotiate with their insurance companies in order to settle the matter. A skilled birth injury attorney has the experience and expertise to understand the tactics insurers use to minimize settlement offers.

Your attorney can also consult with financial and medical experts to determine the correct amount to request in the form a damages award. The amount will be determined 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 not able to reach an agreement on your case with the defendants, they'll take your case to the court. This usually takes place before a judge or jury, who will decide the outcome of your case. A successful trial verdict will often pay you more money than a settlement would.