Why You Should Hire a Birth Injury Attorney

You may be entitled to compensation for special damages if your child is born with an injury as a result of medical negligence. You could 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 must prove that medical professionals did not fulfill their duty of care to win your case. Your lawyer can assist you establish this through the assistance of medical experts.

Getting Started

As parents, you might be overwhelmed by the care of a newborn and the associated medical bills. You may also be coping with emotional trauma due to the reality that your child suffered injuries to his or her birth due medical negligence.

You are entitled to file an action against the doctor or hospital responsible for your child's injury, but you will require a skilled birth injury lawyer to construct an effective case and help you get a fair settlement. An experienced attorney can handle the insurance companies' communications, file your claim, and ensure that you are within the statute of limitations that applies to your case.

The first step is to obtain a free case evaluation with an experienced lawyer. During the meeting the lawyer will go over your medical records and assess whether you have a valid legal claim to compensation.

A good birth injury attorney will have experience handling medical malpractice cases and knows how to assess your case to determine if it is meritorious. The top lawyers also have a track record of success. When interviewing an attorney ask them how many cases they usually take on at the same time, birth injury attorney and whether they have a support staff to manage their ongoing caseload. This will give you a better idea of the amount of the attention your case will receive.

Medical Records - How to Get Them

In many instances medical malpractice during labor and delivery could cause serious injuries to infants and their families. A successful lawsuit can help to pay for the future medical needs of a child. Settlements can help families pay necessary treatments and therapies.

An experienced birth injury law firm injury attorney is well-versed in the laws of your state in relation to malpractice lawsuits. They should have handled cases similar to yours. Although they might not be able share specific details about past settlements or verdicts (because such documents often contain confidentiality clauses), an experienced attorney for birth injuries can give an overall view of how they've helped their clients.

Your birth injury lawyer will start by reviewing medical records to determine if you have a case. They may require expert testimony. This usually involves consulting other medical professionals to obtain an official opinion about whether your doctor violated normal guidelines for birth injury attorney your baby's birth.

If your lawyer believes that you do have a valid claim the lawyer will bring a birth injury lawsuit against the defendants. Usually, this 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 loss of income, medical expenses and pain and discomfort.

Gathering Evidence

While medical advances have made childbirth much more secure than in the past mothers and their babies still have a chance of suffering complications. Injuries that result from negligence by a doctor can result in an unending amount of medical expenses and hardship for families. A birth injury attorney can help them seek financial compensation from the responsible doctors.

A successful claim will require proof that the injuries were the result of medical malpractice. That will involve review of medical records and opinions from medical experts to determine if the treatment complied with accepted standards of medical care. The types of injuries that could be considered medical malpractice include obstetrical errors or birth traumas, as well as injuries incurred during labor and delivery.

An experienced attorney for injuries can identify the most convincing evidence and witness testimony to back up your case. They will also have the experience to negotiate with insurance companies and file a lawsuit when necessary. They are aware of the strategies used by insurers to reduce settlements and manage the entire process.

A reputable birth injury lawyer will operate on a contingency-based basis which means they will pay all costs associated with your case, and only collect a percentage of the amount they are able to win for you. This can save money in the long run since you won't have to pay a large fee up front.

Filing an action

Your lawyer will file a lawsuit on your behalf if they believe that you have an unsubstantiated claim. It is important to begin this process as quickly as feasible because the longer you sit and the longer you wait, the more difficult it is to construct a strong case and recover fair compensation for your child.

The medical provider(s) will then receive a letter from your attorney informing them of the malpractice claim. Your lawyer will then work with insurance companies to try and settle the case. A skilled birth injury attorney has the experience and expertise to be able to discern the strategies insurance companies employ to limit settlement offers.

Your lawyer may also collaborate with financial and medical experts to determine the right amount to ask for in the form of an award for damages. The amount you request will be based on the impact the injury has had on your family financially and emotionally. It will also include any ongoing medical treatment and a cost of living estimate.

If your lawyer is unable to reach an agreement on your case with the defendants, they'll bring your claim to the court. This is usually done before a judge and jury, who will decide the outcome of your claim. A verdict that is successful in court can often provide you with compensation sooner than a settlement would.