Why You Should Hire a Birth Injury Attorney

If your child is suffering from a birth injury that was caused by medical negligence, you may be entitled to compensation for special damages. You could be entitled to compensation for your past and future medical costs as well as wages you've lost while to care 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 to prove this through the use of medical experts.

Getting Started

You may feel overwhelmed by the medical expenses that accompany a newborn. You could also be confronting the emotional trauma of the birth injury of your child.

You have the right file an action to make the hospital or doctor accountable for the harm they caused to your child. However, you'll need a birth injury lawyer with experience to help you build a strong case. They can also help you negotiate an acceptable settlement. An experienced attorney can manage communications with insurance companies and file your claim and ensure that you have met the statute of limitations applicable to your case.

First, you should get an initial free assessment of your case by an experienced attorney. During the consultation the lawyer will review all medical records to determine whether you have a valid claim for compensation.

A reputable birth injury lawyer has expertise in dealing with medical malpractice cases, and are able to assess the merits of your case. The best lawyers also have a track record of success. Ask the lawyer how many cases they handle at one time and whether they have support staff to manage their cases. This will give you a better idea of the amount of the attention your case will receive.

Requesting Medical Records

In many cases medical malpractice during labor and delivery can result in serious injuries to infants and their families. A successful lawsuit could assist in paying for the future healthcare requirements of the child. While a settlement cannot undo the harm caused by medical staff however it can help families pay for medical treatments and therapies.

A good birth injury attorney is familiar with the laws in your state that pertain to malpractice lawsuits. They should have represented clients in similar cases to yours. While they may not be able to divulge specific details of previous settlements or verdicts (because the documents usually contain confidentiality clauses), an experienced birth injury lawyer can give you a broad idea of the way they have assisted their clients.

Your lawyer for birth injuries will initially review your medical records to determine whether you have an opportunity to claim. They may also have to get expert testimony. Usually, this involves speaking with other doctors to get an opinion on whether your doctor violated the standards of care during the birth of your child.

If your lawyer determines that you have an appropriate claim the lawyer will bring a birth injury lawsuit against the defendants. This includes the nurse or doctor who delivered your child, and hospital staff and other individuals involved in the birth. A successful lawsuit could result in compensation for your family's lost income, medical expenses as well as pain and discomfort.

Gathering Evidence

While medical advances have made birthing safer than before, both mothers and babies are still susceptible to complications. The injuries caused by a negligent doctor can result in a lifetime of medical expenses and financial burdens for families. An attorney for birth injury law firm injuries can help families seek financial compensation from the responsible doctors.

In order to prove that medical malpractice was the cause of the injuries, you will need to provide proof. This requires review of medical records and opinions from medical experts to determine whether the treatment was to the standard. Medical malpractice can involve birth trauma, Birth Injury obstetrical malpractices and birth injury injuries that occur during labor and birth.

An experienced attorney for injuries can help you identify the most reliable evidence and witness testimonies to back up your case. They also have the experience to bargain with insurance companies and file a lawsuit when necessary. They are familiar with the tactics employed by insurers to minimize settlements, and they can manage the entire process.

A reputable birth injury lawyer will operate on a contingency-based basis which means they will pay all expenses associated with your case and only collect an amount of the money they get for you. This can save money over time since you won't be paying a huge amount up front.

Filing an action

When your attorney believes that you have a plausible claim, they will initiate a lawsuit on your behalf. It is important to begin the process as soon as possible, as the longer you delay and the longer you wait, the more difficult it is to construct an effective case and win the right amount of compensation for your child.

Your lawyer will then send a letter the medical provider(s), informing the provider of your malpractice claim. Your lawyer will then meet with insurance companies to resolve the matter. A good birth injury attorney has the experience and expertise to know the tactics insurance companies employ to reduce settlement offers.

Your lawyer may also collaborate with medical and financial experts to determine an appropriate amount to ask for in the form of an award for damages. This amount 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 estimates of cost of living.

If your lawyer fails to negotiate a settlement in your case with the defendants, they'll take your case to court. Typically, this occurs in front of the jury and judge who decide the outcome of your case. A verdict that is successful in court can often mean that you receive compensation sooner than a settlement.