Why You Should Hire a Birth Injury Attorney

You could be entitled to compensation for special damages if your child suffers a birth injury due to medical malpractice. These include future and past medical expenses, wages you forfeited to provide care for your child, and much more.

In order to win your case, you must prove that medical professionals violated their duty of care. Your lawyer can help you in proving this through medical experts.

Getting Started

You may be overwhelmed by the medical costs associated with a newborn. You may also be confronting the emotional trauma of your child's birth trauma.

You are entitled to file an action to ensure that the hospital or doctor is held accountable for the harm to your child. However, you will require a birth injury attorney with experience to help you make a convincing case. They can also assist you negotiate a fair settlement. An experienced attorney will be able handle communication with insurance companies and file your claim. They can also make sure that you meet the statute of limitations applicable to you.

The first step is obtaining an initial free case assessment with an experienced lawyer. In this session the lawyer will go over your medical records and assess whether you have an appropriate legal claim for compensation.

A reputable birth injury lawyer has experience handling medical malpractice cases, and will be able to assess the merits of your case. The most effective lawyers also have an established track record of success. When interviewing an attorney ask them how many cases they typically manage at any given time and if they have a staff to manage their ongoing caseload. This will give you an idea of the level of attention your case will receive.

Inquiring about Medical Records

In a lot of cases, medical malpractice during labor and delivery could result in serious injuries to infants and their families. A successful lawsuit can aid in the payment of future needs of children. A settlement could help families pay for needed treatments and therapies.

A reputable birth injury lawyer will be familiar with the laws in your state with regard to malpractice lawsuits. They should have handled cases similar to yours. They may not be able provide specific details on settlements or verdicts from the past as these documents typically contain confidentiality provisions, however a knowledgeable birth injury lawyer should be able to give a general overview of how they helped their clients.

Your birth injury lawyer will begin by reviewing medical records to determine whether you have an instance. They may also need to get expert testimony. This typically involves 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 believes 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 anyone else involved in the birth. A successful lawsuit could result in compensation for your family’s lost income, medical bills and pain and discomfort.

Gathering Evidence

While medical advances have made birthing safer than ever before, mothers and babies are still susceptible to complications. Accidents caused by a doctor's negligence could result in the cost of medical expenses for a lifetime and financial burdens for families. A birth injury lawyer can help to seek financial compensation from the responsible medical professionals.

A successful claim will require proof that the injuries resulted from medical negligence. This will require review of medical records and birth injury lawsuit opinions from medical experts to determine if the treatment complied with the accepted standards of care. Medical malpractice may include birth trauma, obstetrical error, and injuries sustained during labor and delivery.

An experienced lawyer for injury will be able to identify most reliable witnesses and evidence to help your case. They will also be capable of negotiating with insurance companies and file a suit when necessary. They understand the pressure tactics that insurance companies employ to limit settlements and can handle the process from start to completion.

A good birth injury attorney will work on a contingency basis which means they will pay all expenses related to your case, and only collect a percentage of what they can win for you. This could save you money in the end because you don't have be concerned about paying a upfront fee.

Filing a Lawsuit

Your lawyer will file a lawsuit on your behalf if they believe you have an appropriate claim. It is essential to begin this process as fast as you can, because the longer you wait, the harder it will be for you to make a solid case and get the right amount of compensation for your child.

The medical provider(s) will then be served with an email from your lawyer to inform them of the malpractice claim. Your lawyer will then meet with insurance companies to try and resolve the matter. An experienced birth injury lawyer has the experience and knowledge to know the tactics insurers use to minimize settlement offers.

Your attorney may also work with financial and medical experts to determine an appropriate amount to ask for in the form of damages award. The amount will be determined based on the financial and emotional consequences of the injury to your family. This will include ongoing medical care and an estimate of the cost of living.

If your lawyer fails to negotiate an agreement on your case with the defendants, they'll bring your case to court. The majority of the time, this happens in front of an impartial jury and a judge who decide the outcome of your case. A successful trial can often result in compensation much quicker than a settlement.