Why You Should Hire a Birth Injury Attorney

If your child suffers a birth injury that was caused by medical malpractice, you may be eligible for compensation for damages. You may be entitled to compensation for past and future medical costs as well as wages you've lost while caring for your child and more.

You will need to prove that medical professionals did not fulfill their duty of care to be successful in your case. Your lawyer can aid you in proving this by utilizing medical experts.

Getting Started

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

You have the right to file an action to make the hospital or doctor accountable for the injuries to your child. However, you will need a birth injury lawyer with years of experience to help you create a strong case. They can also assist you negotiate a fair settlement. An experienced attorney can handle communications with insurance companies and file your claim and ensure that you have met the statute of limitations that applies to your situation.

First, you should get a free evaluation of your situation with an experienced lawyer. During the consultation, your lawyer will review all of your medical records to determine if you have a legal claim for compensation.

A good birth injury attorney is one who has handled medical malpractice cases and will know how to evaluate your case to determine if it is meritorious. Additionally, the top lawyers have a proven record of success in court. Ask the lawyer what number of cases they are handling at any given time and if they have a support staff to handle their caseload. This will give you a clear indication of the attention that your case will receive.

Medical Records - How to get These Records

In a lot of cases, medical mistakes during labor and delivery can cause serious injuries to infants as well as their families. A successful lawsuit can help pay for the future needs of a child. While a settlement cannot undo the harm done by medical staff however it can help families pay for medical treatments and therapies.

A good birth injury lawyer is well-versed in the laws in your state pertaining to malpractice lawsuits. They must also have experience in representing clients in similar cases to yours. They may not provide specific details regarding settlements or verdicts from the past as such documents usually contain confidentiality provisions, but a skilled birth injury lawyer should be able to provide a general idea of the ways they assisted their clients.

The lawyer for your birth injury will begin by reviewing medical records to determine if you have an instance. They may also have to obtain expert testimony. Generally, Birth injury this involves consulting with other doctors to get an official opinion on whether the doctor's actions went against the standards of care during the birth of your child.

If your lawyer determines that you have an appropriate claim, they will start a lawsuit for birth injuries against the defendants. This usually includes the doctor who delivered your baby, as well as any nurses and hospital personnel involved in your child's birth. A successful lawsuit can get you compensation for your family's lost income, out of pocket medical expenses, as well as suffering.

Gathering Evidence

While medical advances have made the birth process safer than before, mothers and babies have to be aware of complications. The injuries caused by a doctor's negligence could result in an ongoing burden of medical bills and hardships for families. A birth injury lawyer can help them seek financial compensation from the responsible doctors.

A successful claim will require evidence that the injuries resulted from medical negligence. This requires reviewing medical records and seeking opinions from medical experts to determine if the treatment was consistent with accepted standards of medical care. Medical malpractice can include birth trauma, obstetrical errors, and injuries sustained during labor and birth.

A seasoned injury lawyer can identify the best witnesses and evidence to support your case. They also have the experience to bargain with insurance companies and file an action if necessary. They are aware of the pressure tactics used by insurers to reduce settlements and can handle the entire process from start to completion.

A skilled birth injury lawyer will work on contingency that means they pay for your expenses and charge you a percentage of the amount if they prevail. This will save you money over the long term as you don't have to worry about paying an up-front cost.

Filing an action

If your lawyer believes you have a plausible claim, they'll bring a lawsuit on your behalf. It's important to start this process as quickly as possible since the longer you wait longer, the more difficult it is to construct an argument that is strong and get fair compensation for your child.

The medical provider(s) will then receive a letter from your lawyer to inform them of the malpractice claim. Your lawyer will then meet with insurance companies to try and resolve the matter. A skilled birth injury attorney has the knowledge and experience to understand the tactics insurers employ to reduce settlement offers.

Your lawyer can also consult with medical and financial experts to determine the appropriate amount to request in the form of a damages award. The amount you request will take into consideration the impact that the accident has had on your family financially and emotionally. This will include ongoing medical treatment and an estimate of the cost of living.

If your lawyer is unable reach a settlement agreement with the defendant(s) in your case, they will take your case to trial. Typically, this is done before jurors and judges who then decide on the outcome of your case. A successful trial verdict can result in compensation much sooner than a settlement.