Why You Should Hire a Birth Injury Attorney

If your child suffers a birth injury caused by medical malpractice, you may be entitled to compensation for damages. These include past and future medical expenses, the wages you have to forfeit to care for your child, as well as other damages.

To be successful in your claim, you will need to prove that the medical experts violated their duty of care. Your lawyer can help establish this through the assistance of medical experts.

Getting Started

As a parent, you may be overwhelmed with the care of your newborn and the associated medical bills. You will also likely be dealing with emotional trauma from the possibility that your child suffered an injury to their birth due to negligence in the medical field.

You have the right to bring a lawsuit against the hospital or doctor responsible for your child's injuries however, you'll need an experienced birth injury attorney to build an effective case and help you secure an equitable settlement. An experienced attorney can handle correspondence with insurance companies to file your claim and ensure you meet the time limit that applies to your situation.

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

A good birth injury attorney will have experience with medical malpractice claims and will know how to assess the merits of your claim. The most effective lawyers also have an established track record of success. Ask the lawyer how many cases they take on at a time and if they have a support staff to handle their caseload. This will give a better indication of the amount of attention your case will receive.

Obtaining Medical Records

In a lot of cases, medical negligence during labor and delivery can cause serious injuries to babies and their families. A successful lawsuit can assist in paying for the future healthcare needs of the child. While a settlement will not reverse the harm done by medical professionals however it can help families pay for the necessary treatments and therapies.

A good birth injury lawyer is well-versed in the laws of your state in relation to malpractice lawsuits. They must also have experience in representing clients in similar cases similar to yours. They may not be able provide specific details on past verdicts or settlements because these documents typically contain confidentiality clauses, but a seasoned birth injury lawyer should be able provide a general understanding of how they helped their clients.

Your lawyer for birth injuries will first look over your medical records to determine if you are entitled to any claims. They may need to get expert testimony. In general, this means speaking with other physicians to obtain an official opinion on whether your doctor violated the standards of care during the birth of your child.

If your lawyer decides that you have an appropriate claim, they will file a birth injury lawsuit against the defendants. Typically, this would include the doctor who delivered your baby as well as nurses and hospital personnel who were involved in your child's 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 advances in medicine have made childbirth much safer than in the past mothers and their children still are at risk of complications. Injury resulting from a doctor's negligence can result in a lifetime of medical costs and financial hardship for families. A birth injury lawyer can assist them pursue financial compensation from medical professionals responsible for the injury.

To prove that medical malpractice caused the injuries, you will be required to prove the injury. This involves review of medical records and opinions from medical experts to determine whether the treatment complied with accepted standards of medical care. Some injuries that can be deemed medical malpractice are obstetrical error and birth trauma, as well as injuries sustained during labor and delivery.

An experienced attorney for injuries can identify the most convincing evidence and witness testimonies to prove your case. They are also competent to negotiate with insurance companies and file a lawsuit when needed. They are aware of the tactics that insurance companies employ to cut down on settlements and will be able to handle the process from beginning to end.

A skilled birth injury lawyer will be on contingency which means that they pay for your expenses and charge you a percentage of the amount if they win. This will save you money in the long run because you don't have pay an upfront fee.

Filing a Lawsuit

Your attorney will file a lawsuit on your behalf if they believe that you have a valid claim. It is crucial to start this process as soon as possible, because the longer you put off, the harder it will be for you to create a solid case and get an adequate amount of money for your child.

The medical provider(s) will then be served with a letter from your lawyer to inform them of the malpractice claim. Your lawyer will discuss the matter with their insurance providers in an attempt to settle the case. A good birth injury attorney has the experience and knowledge to navigate the tactics that insurance companies employ to limit settlement offers.

Your lawyer may consult with financial and medical experts to determine the proper amount that should be requested in the form of a damages award. The amount will consider the impact the injury has caused your family financially and emotionally. It will also include any ongoing medical treatments and estimates of cost of living.

If your lawyer cannot reach a settlement for your case with the defendants, they'll bring your case to the court. Most often, this is done before an impartial jury and a judge who decide the outcome of your case. A successful trial verdict can result in compensation much sooner than an agreement.