Why You Should Hire a Birth Injury Attorney

If your child is suffering from a birth injury resulting from medical malpractice, you could be entitled to compensation for damages. This includes past and future medical expenses, wages you forfeited to provide care for your child, and more.

To be successful in your claim, you will need to show that medical professionals violated their duty of care. Your lawyer can help you establish this through the use of medical experts.

Getting Started

It is possible to feel overwhelmed by the medical expenses associated with a newborn. You may also be dealing with emotional trauma from the fact that your child suffered a birth injury due to negligence in the medical field.

You have the legal right to file an action to bring the hospital or doctor accountable for the harm they caused to your child. However, you will require a birth injury attorney who has experience to assist you create a convincing case. They can also assist you negotiate an acceptable settlement. An experienced attorney can handle the insurance companies' communications and help you file your claim and ensure that you meet the deadline for filing a claim that applies to your situation.

First, you must get a free evaluation of your case by an experienced lawyer. During this meeting, the lawyer will review your medical records and determine whether you have a valid legal claim to compensation.

A reputable birth injury lawyer will have experience with medical malpractice cases and will know how to assess your case to determine if it is meritorious. The most effective lawyers also have an experience of success. Ask the attorney what number of cases they are handling at any given time and if they have support staff to manage their caseload. This will give you an idea of the amount of time and attention your case will receive.

Finding Medical Records

In a lot of cases, medical malpractice during labor and delivery can cause serious injuries to infants and their families. A successful lawsuit can help with future medical needs of the child. While a settlement will not reverse the harm done by medical professionals however, it can assist 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 should have been involved in cases similar to yours. Although they might not be able to divulge specific details of settlements or verdicts (because these documents typically contain confidentiality clauses), an experienced birth injury lawyer is likely to be able give you a general idea of how they've helped their clients.

Your lawyer for birth injuries will initially review your medical records to determine if there is an action. They may require expert testimony. This typically means speaking with other doctors to get an opinion from a professional on whether your doctor breached the norms of care for your baby during its birth.

If your lawyer decides that you do have a valid claim and they file a birth injury lawsuit against the defendants. This usually includes the doctor who delivered your baby as in addition to any nurses or hospital personnel who were involved in the birth of your child. A successful lawsuit could result in compensation for your family’s lost income, medical costs as well as discomfort and pain.

Gathering Evidence

While medical advances have made birthing safer than before, babies and mothers are still at risk of complications. The injuries caused by a doctor's carelessness can lead to an ongoing burden of medical bills and financial burdens for families. A birth injury lawyer can help to seek financial compensation from the responsible medical professionals.

A successful claim requires proof that the injuries resulted from medical negligence. This involves review of medical records and opinions from medical experts in order to determine if the treatment was up to the standard. Acute injuries that are deemed medical malpractice can include obstetrical mistakes and birth trauma, as well as injuries incurred during labor and birth.

An experienced injury lawyer will be able to identify the most reliable witnesses and evidence to back your case. They are also able to negotiate with the insurance companies and file a suit when necessary. They are aware of the tactics that insurance companies employ to limit settlements and can handle the entire process from beginning to the end.

A reputable birth injury lawyer will be able to work on a contingency fee which means that they will cover all expenses related to the case and only receive an amount of the money they win for you. This will save you money over the long term as you won't have to worry about paying an upfront fee.

Filing an action

Your lawyer will file a lawsuit on your behalf if they believe you have an adequate claim. It is important to begin this process as soon as possible since the longer you wait for, the more difficult will be to build a solid case and secure fair compensation for your child.

The medical provider(s) will then be served with a letter from your lawyer to inform them of the malpractice claim. Your lawyer will then work with insurance companies to try and resolve the matter. A good birth injury law firms injury attorney has the knowledge and experience to know the tactics insurers employ to reduce settlement offers.

Your attorney may also work with medical and financial experts to determine an appropriate amount to request in the form of damages award. This amount will be based on the financial and emotional impact of the injury to your family. It will also include any ongoing medical treatments and a cost of living estimate.

If your lawyer is not able to reach a settlement with the defendant(s) in your case, they'll take your claim to trial. The majority of the time, this happens before an impartial jury and a judge who will decide the outcome of your case. A victory at trial will usually result in compensation much sooner than an agreement.