Why You Should Hire a Birth Injury Attorney

If your child is suffering from a birth injury caused by medical malpractice, you could be eligible for compensation for damages. You may be entitled to compensation for your past and future medical expenses as well as wages you've lost while taking care of your child, and more.

You will need to prove the medical professionals breached their duty of care in order to win your case. Your lawyer can help you in proving this by utilizing medical experts.

Getting Started

As parents, you could be overwhelmed with taking care of a baby and the medical bills that accompany it. You will also likely be dealing with emotional trauma from the fact that your child has suffered injuries to his or her birth due medical negligence.

You have the right to file an action to ensure that the hospital or doctor is held accountable for the harm to your child. However, you'll need a birth injury attorney with years of experience to help you create a convincing case. They can also assist you negotiate a fair settlement. An experienced attorney can handle communication with insurance companies as well as file your claim. They will also be able to ensure that you've met the statute of limitations applicable to you.

The first step is to request an evaluation of your case for free with an experienced lawyer. During the meeting your lawyer will go through all of your medical records to determine whether you have a valid claim for compensation.

A good birth injury lawyer will have expertise in dealing with medical malpractice claims and are able to assess the merits of your case. The top lawyers also have an experience of success. When interviewing an attorney, ask how many cases they usually take on at one time and whether they have a staff to assist in managing their ongoing caseload. This will give you an idea of how much attention your case will get.

Obtaining Medical Records

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

An experienced birth injury attorney will be knowledgeable of the laws of your state in relation to malpractice lawsuits. They are also likely to have represented clients who have similar cases to yours. While they may not be able to divulge specific details of past verdicts and settlements (because such documents often contain confidentiality provisions), an experienced attorney for birth injuries should be able to give an overall view of how they have helped their clients.

Your lawyer for birth injuries will first review your medical records to determine if there is any claims. They may also need to obtain expert testimony. In general, this means speaking with other doctors to get an official opinion on whether your doctor's actions were in violation of the standard of care during your child's delivery.

If your lawyer concludes that you have a valid case, they will start a lawsuit against defendants. Typically, this would include the doctor who delivered your baby, as along with any nurses and hospital personnel who were involved in the birth injury law firm of your child. A successful lawsuit could earn you compensation for your family's lost income, out of pocket medical expenses, and suffering and pain.

Gathering Evidence

While medical advances have made childbirth safer than it was in the past, mothers and their children still face some risk of complications. Accidents caused by a doctor's carelessness can lead to an entire life of medical expenses and financial hardship for families. A birth injury lawyer can help families seek financial compensation from the responsible doctors.

A successful claim requires evidence that the injuries were caused by medical malpractice. This will require looking over medical records and requesting opinions from medical experts to determine whether the treatment complied with accepted standards of care. Acute injuries that are deemed medical malpractice could include obstetrical errors and birth trauma, as well as injuries sustained during labor and birth.

An experienced injury lawyer will be able identify the most reliable witnesses and evidence to prove your case. They also have the experience to negotiate with insurance firms and file an action if necessary. They are aware of the pressure tactics that insurance companies employ to limit settlements and are able to manage the process from start to the end.

A professional with experience in birth injuries will practice on a contingency basis that is, they'll cover your expenses and only take a percentage if they are successful. This will save you money in the long run because you don't have worry about paying an upfront fee.

Filing an action

If your attorney is convinced that you have a valid claim, they will file a lawsuit on your behalf. It is important to begin the process as soon possible because the longer you delay, the more difficult it is to construct a solid case and secure an appropriate amount of compensation for your child.

The medical provider(s) will then receive an email from your lawyer to inform them of the malpractice claim. Your lawyer will then negotiate with the insurance companies to try and settle the case. A reputable birth injury lawyer has expertise and Birth experience to be able to discern the tactics employed by insurers to reduce settlement offers.

Your lawyer may also collaborate with financial and medical experts to determine the right amount to request in the form of damages award. The amount will be determined based on the emotional and financial impact of the injury to your family. It will also include any ongoing medical treatments and an estimate of the cost of living.

If your lawyer is not able to reach a settlement with the defendant(s) in your case, they'll take your claim to trial. Typically, this is done before a judge and jury who then decide on the outcome of your case. A successful trial can often mean that you receive compensation sooner than a settlement.