Why You Should Hire a Birth Injury Attorney

You could be entitled to compensation for special damages if your child is born with an injury as a result of medical negligence. You may be entitled to compensation for past and future medical costs as well as wages you've lost while to care for your child and more.

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

Getting Started

As parents, you might be overwhelmed with the care of your baby and the associated medical bills. Additionally, you could be coping 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 file a lawsuit to bring the hospital or doctor accountable for the injuries to your child. But, you'll require a birth injury lawyer who has experience to assist you make a convincing case. They can also help you negotiate a fair settlement. An experienced attorney can manage communications with insurance companies, file your claim, and ensure that you have met the deadline for filing a claim that applies to your case.

In the beginning, birth injuries you should seek a free evaluation of your case by an experienced attorney. During the consultation, your lawyer will review all of your medical records to determine whether you are entitled to a claim for compensation.

A good birth injury lawyer will have expertise in dealing with medical malpractice claims, and will be able to assess the merits of your case. The top lawyers also have a track record of success. When interviewing an attorney ask how many cases they usually handle at one time and whether they have a support team to manage their ongoing caseload. This will give you a better idea of how much attention your case will receive.

Medical Records - How to Get Them

In many cases medical negligence during labor and birth injuries birth can result in serious injuries to infants as as their families. A successful lawsuit could help pay for future care needs of the child. While a settlement will not reverse the harm done by medical professionals however it can help families pay for needed treatments and therapies.

A good birth injury law firm injury attorney is well-versed in the laws of your state in relation to malpractice lawsuits. They should have represented clients in similar cases to yours. They may not be able give you specific details about settlements or verdicts in the past because the documents that are confidential typically have clauses, but a seasoned birth injury lawyer should be able provide a general idea of the ways they assisted their clients.

Your lawyer for birth injuries will initially review your medical records to determine if you have an opportunity to claim. They may need to get expert testimony. This typically means speaking with other doctors to obtain a formal opinion on whether your doctor's actions were in breach of norms of care for your baby during its birth.

If your lawyer believes that you have an appropriate claim and they start a lawsuit for birth injuries against the defendants. This includes the nurse or doctor who delivered your child as well as hospital personnel and any other people who were involved in the birth. A successful lawsuit could result in compensation for your family’s loss of income, medical expenses and discomfort and pain.

Gathering Evidence

Although medical advances have made childbirth safer than in the past, mothers and babies have some risks of complications. Accidents that result due to a negligent doctor's carelessness can cause a lifetime of medical costs and financial hardship for families. A birth injury lawyer can assist them pursue financial compensation from the responsible medical professionals.

A successful claim requires evidence that the injuries resulted from medical malpractice. This involves review of medical records and opinions from medical experts to determine if the treatment was in accordance 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.

An experienced injury attorney will be able to determine the most convincing evidence and witness testimonies to support your case. They will also be in a position to negotiate with insurance firms and file a lawsuit when necessary. They understand the pressure tactics that insurance companies employ to limit settlements, and can manage the process from beginning to end.

A good birth injury lawyer will operate on contingency which means that they cover your expenses and only charge you a percentage of the amount if they prevail. This can save you money in the long run since you won't be paying a large fee up front.

Filing an action

If your attorney believes you have a viable claim, they will file a lawsuit on your behalf. It's crucial to start this process as soon as possible since the longer you sit and the longer you wait, the more difficult it will be to build a solid case and secure the right amount of compensation for your child.

Your lawyer will then send a note to the medical provider(s) to inform them of your malpractice claim. Your lawyer will then engage with insurance companies to try and resolve the matter. An experienced birth injury lawyer has the knowledge and experience to know the tactics insurance companies employ to reduce settlement offers.

Your attorney can also consult with medical and financial experts to determine the right amount to be requested in the form of a damages award. This amount will consider the impact that the accident has affected your family financially as well as emotionally. This will include ongoing medical care and an estimate of the cost of living.

If your lawyer is not able to reach an agreement on your case with the defendants, they'll take your case to court. This usually happens before a judge or jury, who will decide the outcome of your case. A successful trial verdict will often result in compensation that is much quicker than a settlement.