Why You Should Hire a Birth Injury Attorney

You may be entitled to compensation for damages that are specific to your child is born with an injury due to medical malpractice. You may be entitled to compensation for past and future medical expenses, wages you lost to care for your child and more.

To win your claim you must prove that medical experts violated their duty to care. Your lawyer can aid you in establishing this by using medical experts.

Getting Started

You might be overwhelmed by the medical costs that accompany a newborn. You may also be dealing with the emotional trauma caused by your child's birth injury.

You have the legal right to file an action to make the hospital or doctor accountable for the harm to your child. However, you will need a birth injury attorney with experience to help you create a convincing case. They can also help you negotiate a fair settlement. An experienced attorney can handle interactions with insurance companies, file your claim, and ensure you meet the deadline for filing a claim that applies to your situation.

In the beginning, you should seek an initial free assessment of your case with an experienced attorney. During the consultation the lawyer will review all your medical records to determine whether you have a legal claim for compensation.

A good birth injury law firms injury attorney is one who has handled medical malpractice claims and know how to evaluate your case for merit. The top lawyers also have an impressive track record of success. Ask the attorney how many cases they handle at a time and if they have support staff to manage their cases. This will give you a clear indication of the attention that your case will receive.

Medical Records - How Do I Get These Records

In a lot of cases, medical malpractice during labor and delivery can cause serious injuries to infants and their families. A successful lawsuit can help with future medical requirements of the child. A settlement could help families pay necessary treatments and therapies.

A good birth injury attorney will be knowledgeable of the laws in your state with regard to malpractice lawsuits. They should also have experience representing clients who have similar cases to yours. Although they may not be able to divulge specific details of settlements or verdicts (because such documents often contain confidentiality clauses), an experienced birth injury attorney is likely to be able 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 a claim. They might also need to get expert testimony. This usually means consulting with other physicians to get an opinion from a professional on whether your doctor's actions were in breach of normal guidelines for your baby's birth.

If your lawyer determines that you 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 as well as any other persons involved in its birth. A successful lawsuit could result in compensation for your family’s loss of income, medical expenses and pain and discomfort.

Gathering Evidence

While advances in medicine have made birthing safer than ever before, mothers and babies still face some risks of complications. A negligent doctor can result in an ongoing burden of medical bills and financial hardship for families. A birth injury attorney can help them seek financial compensation from the responsible doctors.

To prove that medical malpractice caused the injuries, you'll be required to prove the injury. This involves review of medical records and opinions from medical experts to determine whether the treatment was in accordance with the accepted standards of care. Medical malpractice can include birth trauma, obstetrical error and injuries that occur during labor and delivery.

A seasoned injury lawyer will be able to identify the most reliable witnesses and evidence to prove your case. They also have the experience to bargain with insurance companies and file an action if necessary. They are aware of the strategies used by insurers to minimize settlements, and they are able to handle the entire process.

A good birth injury attorney will be on a contingency basis, meaning they will cover all expenses associated with your case, and only collect a percentage of what they get for you. This can save money over time since you won't have to pay an enormous amount upfront.

Filing an action

Your attorney will file a lawsuit on your behalf if they believe that you have a valid claim. It is crucial to start the process as soon as you can, because the longer you put off, the harder it will be for you to create an effective case and receive an adequate amount of money for your child.

The medical provider(s) will then receive a letter from your lawyer informing them of the malpractice claim. Your lawyer will then negotiate with the insurance companies to resolve the matter. A good birth injury attorney has the knowledge and experience to understand the tactics insurance companies employ to limit settlement offers.

Your attorney may also work with financial and medical experts to determine the right amount to ask for in the form of an award for damages. This amount will be calculated based on the financial and emotional impact of the injury to your family. This will include ongoing medical care and an estimate of the cost of living.

If your lawyer cannot reach an agreement on your case with the defendants, they will present your claim in the court. This usually happens before a judge and jury, who decide the outcome of your claim. A successful trial verdict will often result in a much faster settlement than an agreement.