Why You Should Hire a Birth Injury Attorney

You could be eligible for compensation for special damages if your child is born with an injury due to medical malpractice. These include past and future medical expenses, the wages you have to forfeit to take care of your child, as well as other damages.

You must prove that medical professionals did not fulfill their duty of care in order to be successful in your case. Your lawyer can assist in proving this using medical experts.

Getting Started

As a parent, you may be overwhelmed by the care of a newborn and the associated medical costs. You may also be suffering from the emotional trauma caused by the birth injury of your child.

You have the right to file a lawsuit to bring the hospital or doctor accountable for the injuries to your child. However, you will require a birth injury lawyer who has the experience to help make a convincing case. They can also help you negotiate an acceptable settlement. An experienced lawyer will be able to manage your communication with insurance companies and submit your claim. They will also be able to ensure that you meet the applicable statute of limitations.

The first step is to get a free case evaluation with an experienced lawyer. During the meeting the lawyer will review all of your medical records to determine whether you are entitled to a claim for compensation.

A good birth injury attorney is one who has handled medical malpractice cases and knows how to evaluate the merits of your case. In addition, the best attorneys have a track of court success. When interviewing an attorney inquire about the number of cases they usually take on at any given time and if they have a support team to assist them in managing their current caseload. This will give you an indication of the attention that your case will receive.

Obtaining Medical Records

In many cases medical negligence during labor and birth can result in serious injuries to infants and their families. A successful lawsuit can help to pay for the future needs of children. While a settlement cannot undo the harm done by medical staff however it can help families pay for necessary treatments and therapies.

A reputable birth injury lawyer is familiar with laws pertaining to malpractice claims in your state. They should have been involved in cases similar to yours. Although they might not be able to provide specific details of settlements or verdicts (because such documents often contain confidentiality clauses), an experienced attorney for birth injuries will be able to provide you a general sense of how they have helped their clients.

Your lawyer for birth injuries will initially review your medical records to determine if you have a claim. They might 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 norms of care for your baby during its birth.

If your lawyer believes that you have an appropriate claim the lawyer will start a lawsuit for birth injuries against the defendants. This typically includes the doctor who delivered your baby, as along with any nurses and hospital personnel involved in your child's birth. A successful lawsuit could result in compensation for your family’s lost income, medical costs and discomfort and pain.

Gathering Evidence

While medical advances have made childbirth much more secure than in the past mothers and their infants still have some risks of complications. A negligent doctor can result in an entire life of medical expenses and hardships for families. An attorney for birth injuries can help families 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 studying medical records and seeking opinions from medical experts to determine if the treatment was consistent with accepted standards of medical care. The types of injuries that could be considered medical malpractice could include obstetrical errors or birth trauma as well as injuries sustained during labor and birth injury lawsuit.

An experienced attorney for injuries can identify the best evidence and witness testimony to prove your case. They will also be in a position to negotiate with insurance companies and file a lawsuit when necessary. They know the tactics of pressure that insurers use to minimize settlements, and can manage the process from beginning to the end.

A professional with experience in birth injuries will be on contingency which means that they take care of your expenses and only charge a percentage if they prevail. This will save you money over the long term because you don't have be concerned about paying a upfront fee.

Filing an action

If your attorney is convinced that you have a viable claim, they will initiate a lawsuit on your behalf. It's crucial to start this process as soon as possible because the longer you wait for, the more difficult will be to build a strong case and recover fair compensation for your child.

Your lawyer will then send a letter the medical provider(s) informing them about your malpractice claim. Your lawyer will then work with insurance companies to resolve the matter. An experienced birth injury lawyer has the expertise and experience to navigate the tactics that insurers employ to reduce settlement offers.

Your lawyer may also collaborate with financial and medical experts to determine the best amount to request in the form of an award of damages. This amount will be based on the emotional and financial impact of the injury to your family. It will also include any ongoing medical treatment and a cost of living estimate.

If your lawyer is unable to reach a settlement with the defendant(s) in your case, they will bring your claim to trial. Most often, this is done in front of the jury and judge who will decide the outcome of your case. A successful trial verdict can result in compensation that is much quicker than an agreement.