Why You Should Hire a Birth Injury Attorney

You may be entitled compensation for special damages if your child is born with an injury as a result of medical negligence. These could include past and future medical expenses, lost wages to take care of your child, and more.

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

Getting Started

As parents, you might be overwhelmed with the care of a newborn and the medical bills that accompany it. You will also likely be dealing with emotional trauma resulting from the reality 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 harm to your child. But, you'll require a birth injury attorneys injury lawyer with experience to help you make a convincing case. They can also help you negotiate a fair settlement. An experienced lawyer will be able to manage your communication with insurance companies and file your claim. They will also be able to ensure that you have met the statute of limitations applicable to you.

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

A good birth injury lawyer will have experience handling medical malpractice cases, and know how to evaluate the merits of your case. Additionally, the top lawyers have a proven track of court success. Ask the lawyer how many cases they handle at any given time and if they have support staff in place to handle their caseload. This will give you a better idea of the level of attention your case will receive.

Medical Records - How to Obtain These Records

In a lot of cases medical malpractice during labor and delivery could cause serious injuries to babies and their families. A successful lawsuit may help to pay for the future health needs of children. While a settlement can't undo the harm done by medical professionals, it can help families pay for needed treatments and therapies.

A reputable birth injury lawyer will be knowledgeable of the laws governing malpractice claims in your state. They should have represented clients in similar cases to yours. They may not give you specific details about settlements or verdicts in the past because the documents generally contain confidentiality provisions, but a skilled birth injury legal (discover this) injury lawyer should be able give you a general idea of the ways they assisted their clients.

Your lawyer for birth injuries will first review your medical records to determine if you have any claims. They may also need to get expert testimony. Usually, this involves speaking with other doctors to get an opinion regarding whether your doctor violated the standards of care during the child's birth injury case.

If your lawyer decides that you do have an appropriate claim and they initiate a birth injury lawsuit against the defendants. This includes the nurse or doctor who delivered your child, and hospital staff and anyone else involved in its birth. A successful lawsuit could result in compensation for your family’s loss of income, birth injury legal medical expenses as well as discomfort and pain.

Gathering Evidence

While medical advances have made birthing more secure than ever before, both mothers and babies have to be aware of complications. Accidents that result from negligence of a doctor could cause the cost of medical treatment for a lifetime and financial hardship for families. A birth injury lawyer can help to seek financial compensation from the medical professionals responsible for the injury.

In order to prove that medical malpractice was the cause of the injuries, you will need to prove it. This involves reviewing medical records and obtaining opinions from medical experts in order to determine if the treatment was up to standard. Medical malpractice may include birth trauma, obstetrical errors as well as injuries sustained during labor and birth.

A seasoned injury lawyer can identify the most reliable evidence and witness testimonies to prove your case. They will also have the expertise to negotiate with insurance companies and file an action when needed. They are familiar with the tactics employed by insurers to reduce settlements, and they can handle the entire process.

A reputable birth injury compensation injury lawyer will be able to work on a contingency fee, meaning they will cover all expenses related to your case and will only take a portion of what they can win for you. This will save you money over the long term as you won't have to pay an upfront cost.

Filing a Lawsuit

Your lawyer will file a lawsuit on your behalf if they believe that you have a valid claim. It's important to start the process as soon as possible since the longer you sit, the more difficult it is to construct a strong case and recover an appropriate amount of compensation for your child.

The medical provider(s) will then be served with a letter from your attorney informing them of the malpractice claim. The lawyer will meet with their insurance companies in an attempt to settle the case. A reputable birth injury lawyer has the experience and expertise to be able to discern the tactics employed by insurance companies to limit settlement offers.

Your lawyer can consult with financial and medical experts to determine the correct amount that should be requested in the form of a damages award. The amount you receive will be based on how much impact the accident has caused your family financially as well as emotionally. This will include ongoing medical treatment as well as an estimate of the cost of living.

If your lawyer cannot reach a settlement in your case with the defendants, they'll present your claim in court. Typically, this occurs before the jury and judge who will then decide the outcome of your case. A successful trial verdict will often result in compensation much quicker than a settlement.