Why You Should Hire a Birth Injury Attorney

If your child has suffered a birth injury that was caused by medical malpractice, you could be entitled to compensation for damages. These include past and future medical expenses, wages you forfeited to care for your child, and much more.

You must prove the medical professionals breached their duty of care in order to win your case. Your lawyer can help you in proving this through medical experts.

Getting Started

As parents, you could be overwhelmed with taking care of a newborn and the associated medical expenses. You may also be coping with emotional trauma from the fact that your child suffered an injury at birth due to negligence in the medical field.

You are entitled to file a lawsuit to make the hospital or doctor accountable for the harm to your child. However, you'll need a birth injury lawyer who has the experience to help build a strong case. They can also assist you negotiate an acceptable settlement. An experienced attorney can handle interactions with insurance companies to file your claim and ensure that you are within the statute of limitations that applies to your situation.

First, you must get an initial free assessment of your situation with an experienced lawyer. During the meeting your lawyer will go through all medical records to determine whether you have a legal claim for compensation.

A reputable birth injury lawyer will have experience with medical malpractice claims and know how to evaluate the merits of your claim. Additionally, the top attorneys have a track of success in court. When interviewing an attorney inquire about the number of cases they usually handle at the same time, and whether they have a staff to assist them in managing their current caseload. This will give a better insight into the amount of attention your case will receive.

Finding Medical Records

In many instances medical negligence during labor and delivery could cause serious injuries to infants and their families. A successful lawsuit could help to pay for the future needs of children. A settlement could aid families in paying for necessary treatments and therapies.

An experienced birth injury attorney will be familiar with the laws of your state in relation to malpractice lawsuits. They should have been involved in cases similar to yours. Although they may not be able share specific details about past settlements or verdicts (because such documents often contain confidentiality provisions) An experienced birth injury attorney should be able to give you a general sense of how they've helped their clients.

Your lawyer for birth injuries will initially review your medical records to determine whether you have an opportunity to claim. They may need to get expert testimony. Typically, this means consulting with other physicians to obtain an opinion regarding whether your doctor's actions were in violation of the standards of medical care during your child's birth.

If your lawyer decides that you do have an appropriate claim then they will initiate a birth injury lawsuit against the defendants. This includes the doctor or nurses who delivered your child, and hospital staff and other individuals involved in its birth. A successful lawsuit can bring you compensation for your family's lost income, as well as out of pocket medical expenses, as well pain and suffering.

Gathering Evidence

While advances in medicine have made the birth process safer than before, both mothers and babies have to be aware of complications. Accidents caused by a doctor's negligence could result in the cost of medical expenses for a lifetime and hardships for families. A birth injury lawyer can help families seek financial compensation from the responsible doctors.

To prove that medical malpractice caused the injuries, you'll need to provide proof. That will involve looking over medical records and requesting opinions from medical experts to determine if the treatment was in accordance with accepted standards of medical care. Medical malpractice can involve birth trauma, obstetrical errors, and injuries sustained during labor and delivery.

A seasoned injury lawyer will be able identify the best witnesses and evidence to help your case. They will also be competent to negotiate with insurance firms and file a lawsuit when necessary. They are familiar with the strategies employed by insurers to minimize settlements, and they can handle the entire process.

A good birth injury attorney will be able to work on a contingency fee which means that they will cover the entire cost of your case and will only take an amount of the money they can win for you. This can save you money in the end as you don't have to pay an upfront cost.

Filing an action

Your lawyer will file a lawsuit on your behalf if they believe that you have an appropriate claim. It is essential to begin this process as quickly as possible, because the longer you delay and the longer you wait, the more difficult it will be for you to create a solid case and get the right amount of compensation for your child.

The medical provider(s) will then receive the letter from your lawyer to inform them of the malpractice claim. Your lawyer will then negotiate with the insurance companies to settle the case. A good birth injury lawyer has experience and knowledge to navigate the tactics used by insurance companies to cut down settlement offers.

Your lawyer may also collaborate with financial and medical experts to determine the appropriate amount to ask for in the form of an award of damages. This amount will be based on the financial and emotional effects of the injury on your family. This will include ongoing medical treatment and an estimate of the cost of living.

If your lawyer fails to reach a settlement with the defendant(s) in your case, they will bring your case to trial. This usually takes place in front a judge and jury, who decide the outcome of your case. A successful trial verdict will often result in compensation that is much quicker than an agreement.