Why You Should Hire a Birth Injury Attorney

You could be eligible for compensation for special damages if your child is born with an injury due to medical malpractice. These include future and past medical costs, wages you've lost to provide care for your child, as well as other damages.

You must prove the medical professionals breached their duty of care in order to be successful in your case. Your lawyer can assist you establish this through the use of medical experts.

Getting Started

As parents, you might be overwhelmed by taking care of your baby and the associated medical expenses. You could also be suffering from the emotional trauma caused by your child's birth injury.

You are entitled to file a lawsuit against the hospital or doctor accountable for the injury to your child however, you'll require a skilled birth injury lawyer to create an impressive case and assist you secure a fair settlement. An experienced attorney can handle interactions with insurance companies, file your claim, and ensure that you are within the statute of limitations that applies to your case.

The first step is to obtain an initial free case assessment with an experienced lawyer. During the meeting, your lawyer will review all of your medical records to determine whether you have a valid claim for compensation.

A good birth injury lawyer has experience in handling medical malpractice cases, and know how to evaluate the merits of your case. Additionally, the top lawyers have a proven track record of success in court. When interviewing an attorney, ask them how many cases they usually take on at a time and if they have a support team to help manage their ongoing caseload. This will give you an insight into the amount of attention your case will receive.

Medical Records - How Do I Get They

In many cases medical mistakes during labor and delivery can result in serious injuries to infants as as their families. A successful lawsuit could aid in the payment of future medical requirements of the child. While a settlement cannot undo the harm caused by medical professionals however it can help families pay for the necessary treatments and therapies.

A reputable birth injury lawsuit injury lawyer is well-versed in the laws in your state that pertain to malpractice lawsuits. They should have represented clients in cases similar to yours. While they may not be able to provide specific details of past settlements and verdicts (because these documents typically contain confidentiality provisions), an experienced attorney for birth injuries should be able to give you a broad idea of how they have helped their clients.

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

If your lawyer decides that you do have a valid claim then they will start a lawsuit for birth injuries against the defendants. This includes the doctor or nurses who delivered your child, and hospital staff as well as any other persons who were involved in the birth. A successful lawsuit could result in compensation for your family’s lost income, medical expenses as well as pain and discomfort.

Gathering Evidence

Although medical advances have made childbirth much safer than it was in the past, mothers and babies face some risk of complications. Injuries that result from a doctor's negligence can cause an entire lifetime of medical expenses and financial hardship for families. An attorney for birth injuries can assist in obtaining financial compensation from the accountable doctors.

In order to prove that medical malpractice caused the injuries, you will need to provide proof. This will require looking over medical records and getting opinions from medical experts to determine whether the treatment provided was up to the standard. Medical malpractice can involve birth injury lawsuits trauma, obstetrical malpractices and injuries sustained during labor and delivery.

An experienced injury attorney can identify the most reliable evidence and witness testimonies to prove your case. They will also have the knowledge to negotiate with insurance companies and file lawsuits if needed. They understand the pressure tactics used by insurers to reduce settlements and can handle the process from beginning to end.

A professional with experience in birth injuries will work on contingency that is, they'll pay for your expenses and charge a percentage if they win. This could save you money in the end because you don't have be concerned about paying a upfront fee.

Filing an action

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

Your lawyer will then send a letter the medical provider(s) and inform them about your malpractice claims. The lawyer will work with their insurance providers to try to settle the matter. A good birth injury lawyer has the experience and knowledge to know the tactics employed by insurance companies to cut down settlement offers.

Your lawyer could also work with medical and financial experts to determine an appropriate amount to ask for in the form of damages award. The amount you receive will take into account how much impact the accident has caused your family financially and emotionally. It will also include any ongoing medical treatments and estimates of cost of living.

If your lawyer is unable to reach a settlement agreement with the defendant(s) in your case, they will bring your case to trial. Most often, this is done in front of an impartial jury and a judge who then decide on the outcome of your case. A victory at trial will usually result in compensation much sooner than a settlement.