Why You Should Hire a Birth Injury Attorney

You could be entitled to compensation for damages that are specific to your child is born with an injury as a result of medical negligence. These include past and future medical expenses, lawsuits the wages you have to forfeit to care for your child, and much more.

To prevail in your case, you will need to prove that the medical professionals violated their duty of care. Your lawyer can help you in proving this by utilizing medical experts.

Getting Started

You might be overwhelmed by the medical costs that accompany a newborn. You could also be coping with emotional trauma as a result of the reality that your child suffered injuries to his or her birth due negligence on the part of medical professionals.

You are entitled to file a lawsuit against the hospital or doctor who caused your child's injury however, you'll require a skilled birth injury lawyer to create an effective case and help you get a fair settlement. An experienced attorney will be able to manage communication with insurance companies as well as file your claim. They can also ensure that you've met the deadlines for filing claims.

The first step is to obtain an evaluation of your case for free with an experienced lawyer. During the consultation your lawyer will go over all medical records to determine whether you have a valid claim for compensation.

A good birth injury attorney is one who has handled medical malpractice cases and will know how to evaluate your case for merit. In addition, the best lawyers have a proven record of success in court. Ask the lawyer how many cases they can handle at a time and if they have support staff to manage their cases. This will give you a clear idea of the level of attention your case will receive.

Finding Medical Records

In many cases medical negligence during labor and birth can result in serious injuries to infants as well as their families. A successful lawsuit can aid in the payment of future medical requirements of the child. A settlement can help families pay for needed treatments and therapies.

A good birth injury lawyer is well-versed in the laws in your state with regard to malpractice lawsuits. They should have represented clients in cases similar to yours. Although they may not be able to provide specific details of settlements and verdicts (because such documents often contain confidentiality clauses), an experienced birth injury lawyer will be able to provide you a general idea of how they've helped their clients.

Your lawyer for birth injuries will examine your medical records to determine if you have any claims. They might also need to obtain expert testimony. Usually, lawsuits this involves speaking with other doctors to get an opinion regarding whether your doctor's actions violated the standard of medical care during your child's birth.

If your lawyer determines that you have an appropriate claim the lawyer will initiate a birth injury lawsuit against the defendants. This includes the nurse or doctor who delivered your child as well as hospital personnel and anyone else involved in its birth. A successful lawsuit could result in compensation for your family’s lost income, medical bills as well as pain and discomfort.

Gathering Evidence

While medical advances have made childbirth more secure than in the past mothers and their infants still have a chance of suffering complications. The injuries that result from negligence by a doctor can result in the cost of medical treatment for a lifetime and hardship for families. A birth injury lawyer can help to seek financial settlement from the medical professionals responsible for the injury.

A successful claim requires evidence that the injuries were caused by medical malpractice. This will require reviewing medical records and seeking opinions from medical experts to determine if the treatment was consistent with accepted standards of medical care. Acute injuries that are deemed medical malpractice include obstetrical errors or birth trauma as well as injuries incurred during labor and delivery.

A seasoned injury lawyer can identify the most credible witnesses and evidence to support your case. They will also have the experience to negotiate with insurance companies and to file lawsuits if needed. They are aware of the pressure tactics that insurance companies employ to limit settlements, and can manage the process from beginning to finish.

A competent birth injury lawyer will operate on contingency which means that they take care of your expenses and only charge you a percentage of the amount if they succeed. This will save you money over time because you won't be paying a huge amount up front.

Filing a Lawsuit

Your attorney will file a lawsuit on your behalf if they believe you have an appropriate claim. It is essential to begin this process as soon as you can because the longer you delay and the longer you wait, the more difficult it will be for you to make an effective case and receive an appropriate amount of compensation for your child.

The medical provider(s) will then receive a letter from your attorney to inform them of the malpractice claim. Your lawyer will then meet with insurance companies to settle the case. A good birth injury lawyer has the experience and knowledge to be able to discern the tactics employed by insurance companies to limit settlement offers.

Your attorney may consult with medical and financial experts to determine the correct amount to request in the form of a damages award. This amount will be based on the emotional and financial effects of the injury on your family. It will also include any ongoing medical treatment 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. The majority of the time, this happens before an impartial jury and a judge who then decide on the outcome of your case. A successful trial verdict will often result in the amount you need much earlier than a settlement would.