Why You Should Hire a Birth Injury Attorney

You could be entitled to compensation for special damages if your child suffers a birth injury as a result of medical negligence. You may be entitled to compensation for past and future medical costs and wages you have lost in caring for your child, and more.

You must demonstrate that medical professionals have violated their duty of care to be successful in your case. Your lawyer can assist you establish this through the assistance of medical experts.

Getting Started

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

You have the right to file an action to bring the hospital or doctor accountable for the injury to your child. However, you'll require a birth injury lawyer who has experience to assist you create a convincing case. They can also help you negotiate a fair settlement. An experienced attorney can manage your communication with insurance companies and submit your claim. They will also be able to ensure that you've met the statute of limitations applicable to you.

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

A reputable birth injury lawyer has experience in handling medical malpractice claims and will know how to assess your case to determine if it is meritorious. In addition, the best attorneys have a track of success in court. When interviewing an attorney ask them how many cases they typically manage at one time and whether they have a support team to manage their ongoing caseload. This will give you an idea of the level of attention your case will receive.

Finding Medical Records

In many cases medical mistakes during labor and delivery can cause serious injuries to infants as well as their families. A successful lawsuit can assist in paying for the future medical needs of the child. A settlement can help families pay for needed treatments and therapies.

A reputable birth injury lawyer should be well-versed in the laws that govern malpractice claims in your state. They must also have experience in representing clients who have similar cases similar to yours. While they may not be able to divulge specific details about past settlements and verdicts (because the documents usually contain confidentiality clauses), an experienced birth injury lawyer should be able to give an overall view of how they've helped their clients.

Your birth injury lawyer will begin by reviewing medical records to determine if you have an instance. They may also need to obtain expert testimony. This usually means consulting with other doctors to get an opinion from a professional on whether your doctor breached the standard care during your baby's birth.

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

Gathering Evidence

Although advances in medicine have made the birth process safer than before, babies and mothers are still susceptible to complications. The injuries that result due to a negligent doctor's carelessness can result in the cost of medical treatment for a lifetime and hardship for families. A birth injury lawyer can help them pursue financial compensation from medical professionals responsible for the injury.

A successful claim requires evidence that the injuries resulted from medical malpractice. This will require reviewing medical records and seeking opinions from medical experts to determine whether the treatment was consistent with accepted standards of care. Injuries that can be considered medical malpractice are obstetrical error or birth trauma as well as injuries sustained during labor and birth.

An experienced attorney for injuries can help you identify the most effective evidence and witness testimony to prove your case. They also have the expertise to negotiate with insurance firms and file a lawsuit when necessary. They are aware of the pressure tactics used by insurers to reduce settlements and will be able to handle the entire process from beginning to completion.

A reputable birth injury lawyer will work on a contingency basis that is, they will pay all expenses related to the case and only receive a percentage of what they can win for you. This can help you save money in the long run since you won't be paying an enormous amount upfront.

Filing a Lawsuit

If your lawyer believes you have a valid claim, they will bring a lawsuit on your behalf. It is important to begin the process as soon as possible since the longer you sit, the more difficult it will be to build an effective case and win the right amount of compensation for your child.

The medical provider(s) will then be served with a letter from your attorney informing them of the malpractice claim. The lawyer will negotiate with their insurance providers in an effort to settle the matter. A reputable birth injury lawyer has the expertise and experience to know the tactics insurers employ to reduce settlement offers.

Your lawyer can consult with medical and financial experts to determine the right amount to be requested in the form of a damages award. This amount will take into consideration the impact that the injury has caused your family financially and emotionally. This will include ongoing medical treatment as well as an estimate of the cost of living.

If your lawyer cannot reach an agreement in your case with the defendants, they will take your case to the court. This usually takes place in front a judge and jury, who will decide the outcome of your case. A successful trial can often result in compensation much sooner than a settlement.