Why You Should Hire a Birth Injury Attorney

If your child has suffered a birth injury that was caused by medical malpractice, you may be eligible for compensation for damages. These could include past and future medical expenses, the wages you have to forfeit to take care of your child, and more.

You will need to demonstrate that medical professionals have violated their duty of care to be successful in your case. Your lawyer can help to prove this through the use of medical experts.

Getting Started

As parents, you might be overwhelmed by taking care of your baby and the associated medical bills. You could also be experiencing the emotional trauma of your child's birth injury.

You have the legal right to file an action to ensure that the hospital or doctor is held accountable for the harm they caused to your child. However, you'll need a birth injury lawyer with experience to help you make a convincing case. They can also help you negotiate a fair settlement. An experienced attorney will be able to manage the communication with insurance companies and submit your claim. They can also ensure that you've met the deadlines for filing claims.

The first step is obtaining an assessment of your case free of charge from an experienced lawyer. During the meeting, the lawyer will review your medical records and determine whether you have a valid legal claim for compensation.

A good birth injury lawyer will have experience in handling medical malpractice claims and is able to evaluate the merits of your case. Additionally, the top lawyers have a proven track of success in court. Ask the attorney how many cases they handle at any given time and if they have support staff to manage their caseload. This will give you a clear indication of the amount of attention your case will receive.

Inquiring about Medical Records

In a lot of cases medical negligence during labor and delivery can cause serious injuries to infants and their families. A successful lawsuit may help pay for the future health needs of a child. While a settlement cannot undo the harm done by medical professionals however it can help families pay for needed treatments and therapies.

A good birth injury attorney will be knowledgeable of the laws in your state pertaining to malpractice lawsuits. They should have represented clients in similar cases to yours. They may not be able provide specific information about settlements or verdicts that they have had in the past, as such documents usually contain confidentiality provisions, however a knowledgeable birth injury lawyer should be able provide a general understanding of how they have helped their clients.

Your birth injury lawyer will begin by looking over medical records to determine whether you have a case. They may also have to get expert testimony. This usually means consulting with other doctors to obtain an official opinion about whether your doctor's actions were in breach of normal guidelines for your baby's birth.

If your lawyer concludes that you have a valid claim and they bring a birth injury lawsuit against the defendants. This includes the doctor or nurses who delivered your child as well as hospital personnel and anyone else who were involved in the birth. A successful lawsuit can get you compensation for the loss of your family's income, out of pocket medical expenses, as well suffering.

Gathering Evidence

Although medical advances have made childbirth safer than it was in the past, mothers and babies have a chance of suffering complications. The injuries caused by a doctor's negligence could result in the cost of medical expenses for a lifetime and financial hardship for families. A birth injury lawyer can assist clients seek financial settlement from the medical professionals who are accountable.

In order to prove that medical malpractice caused the injuries, you'll need to provide proof. This involves looking over medical records and getting opinions from medical experts to determine whether the treatment was up to standard. Medical malpractice could include birth trauma, obstetrical mistakes, and injuries sustained during labor and birth.

An experienced injury lawyer can identify the most reliable witnesses and evidence that prove your case. They will also be able to negotiate with insurance firms and file lawsuits if needed. They are aware of the pressure tactics that insurance companies employ to cut down on settlements and are able to manage the process from start to completion.

A reputable birth injury lawyer will operate on a contingency-based basis, meaning they will cover all expenses associated with your case, and only collect a percentage of the amount they win for you. This can save money over time as you won't be paying an enormous amount upfront.

Filing an action

Your lawyer will file a suit on your behalf if they believe that you have an unsubstantiated claim. It is crucial to start the process as soon as possible, because the longer you put off, the harder it will be for you to build an impressive case and win an appropriate amount of compensation for your child.

Your lawyer will then send a letter the medical provider(s), informing them about your malpractice claims. Your lawyer will then meet with insurance companies to settle the case. A good birth injury law firms injury lawyer has the experience and the knowledge to be able to discern the tactics employed by insurers to minimize settlement offers.

Your lawyer could also work with financial and medical experts to determine an appropriate amount to ask for in the form of a damages award. The amount you receive will take into consideration how much impact the accident has had on your family financially as well as emotionally. This will include ongoing medical care and an estimate of the cost of living.

If your lawyer is not able to reach a settlement with the defendant(s) in your case, they'll take your case to trial. This usually takes place in front a judge and jury, who decide the outcome of your case. A verdict that is successful in court can often provide you with compensation much sooner than a settlement.