Why You Should Hire a Birth Injury Attorney

If your child has suffered a birth injury due to medical malpractice, you could be entitled to compensation for specific damages. This includes past and future medical expenses, lost wages to take care of your child, and many more.

To win your claim you will need to demonstrate that the medical experts violated their duty of care. Your lawyer can aid you in proving this using medical experts.

Getting Started

As a parent, you may be overwhelmed with taking care of your baby and the associated medical bills. You could also be confronting the emotional trauma of your child's birth trauma.

You are entitled to file an action against the hospital or doctor responsible for your child's injury but you'll require a skilled birth injury lawyer to construct an effective case and help you get a fair settlement. An experienced attorney will be able manage communication with insurance companies and submit your claim. They can also ensure that you have met the applicable statute of limitations.

The first step is to get an initial free case assessment with an experienced lawyer. During the meeting the lawyer will review all your medical records to determine if you have a legal claim for compensation.

A good birth injury lawyer has the experience of handling medical malpractice cases, and are able to assess the merits of your case. The most effective lawyers also have an experience of success. When interviewing an attorney, birth ask how many cases they typically manage at any given time and if they have a staff to manage their ongoing caseload. This will give you a better idea of how much attention your case will get.

Inquiring about Medical Records

In many instances, medical errors during labor and delivery can result in serious injuries to infants as as their families. A successful lawsuit may help pay for the future needs of the child. While a settlement cannot undo the harm done by medical professionals but it can help families pay for the necessary treatments and therapies.

A good birth injury attorney is well-versed in the laws in your state pertaining to malpractice lawsuits. They should have represented clients in similar cases to yours. While they may not be able divulge specific details of verdicts and settlements (because these documents typically contain confidentiality provisions), an experienced attorney for birth injuries can give you a broad idea of the ways they have assisted their clients.

Your lawyer for birth injuries will first review your medical records to determine if there is a claim. They may also be required to get expert testimony. Usually, this involves speaking with other physicians to obtain an opinion regarding whether the doctor's actions went against the standards of medical care during your child's birth.

If your lawyer determines that you have a legitimate case, they will start a lawsuit against defendants. Usually, this includes the doctor who delivered your baby as well as nurses and birth hospital personnel involved in the birth of your child. A successful lawsuit could result in compensation for your family's lost income, medical expenses as well as pain and discomfort.

Gathering Evidence

Although advances in medicine have made the birth process safer than before, mothers and babies are still susceptible to complications. Injuries caused by a negligent doctor can result in an entire life of medical expenses and financial burdens for families. A birth injury lawyer can assist in obtaining financial compensation from the responsible doctors.

To prove that medical malpractice was the cause of the injuries, you'll need to provide proof. This requires review of medical records and opinions from medical experts to determine whether the treatment was consistent with accepted standards of care. Injuries that can be considered medical malpractice include obstetrical errors and birth trauma, as well as injuries sustained during labor and delivery.

A seasoned injury lawyer can identify the most convincing evidence and witness testimony to prove your case. They will also be in a position to negotiate with insurance companies and file a lawsuit in the event of need. They know the tactics of pressure that insurance companies employ to cut down on settlements, and can manage the entire process from beginning to finish.

A good birth injury law firms injury attorney will work on a contingency basis that is, they will pay all expenses related to your case, and only collect a percentage of the amount they get for you. This will save you money over the long term as you won't have to pay an upfront cost.

Filing an action

When your attorney believes that you have a viable claim, they'll start a lawsuit on behalf. It is crucial to begin the process as soon possible because the longer you wait and the longer you wait, the more difficult it is to construct an argument that is strong and get an appropriate amount of compensation for your child.

The medical provider(s) will then receive a letter from your lawyer to inform them of the malpractice claim. Your lawyer will then meet with insurance companies to try and settle the case. A skilled birth injury attorney has the experience and knowledge to navigate the tactics that insurance companies employ to reduce settlement offers.

Your attorney may also work with medical and financial experts to determine the right amount to request in the form of an award of damages. The amount you receive will be based on the impact that the injury has had on your family financially as well as emotionally. It will also include any ongoing medical treatments and estimates of cost of living.

If your lawyer fails to come to a deal with the defendant(s) in your case, they will bring your claim to trial. Typically, this is done before jurors and judges who will decide the outcome of your case. A successful trial verdict will often result in compensation that is much quicker than an agreement.