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Why You Should Hire a Birth Injury Attorney

If your child has suffered a birth injury that was caused by medical malpractice, you may be entitled to compensation for special damages. This includes past and future medical costs, wages you've lost to provide care for your child, and much more.

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

Getting Started

It is possible to feel overwhelmed by the medical bills associated with a newborn. You may also be suffering from the emotional trauma caused by your child's birth trauma.

You have the right to file an action to hold the doctor or hospital accountable for the injury to your child. But, you'll require a birth injury lawyer with experience to help you create a convincing case. They can also help you negotiate an acceptable settlement. An experienced attorney can manage communication with insurance companies and birth injury lawyer submit your claim. They will also be able to ensure that you meet the deadlines for filing claims.

The first step is to get a free evaluation of your case from an experienced attorney. In this meeting the lawyer will go over your medical records and determine whether you have a valid legal claim for compensation.

A reputable birth injury lawyer will have experience handling medical malpractice cases and knows how to assess the merits of your claim. The best lawyers also have an established track record of success. When interviewing an attorney inquire about how many cases they usually take on at one time and whether they have a support staff to assist them in managing their current caseload. This will give you a clear insight into the amount of attention your case will receive.

Medical Records - How to get Them

In many cases medical errors during labor and delivery can cause serious injuries to infants as well as their families. A successful lawsuit could aid in the payment of future medical requirements of the child. While a settlement won't reverse the harm caused by medical staff however it can help families pay for needed treatments and therapies.

A reputable birth injury lawyer will be well-versed in the laws that govern malpractice claims in your state. They should have represented clients in cases similar to yours. Although they might not be able divulge specific details of previous settlements or verdicts (because these documents typically contain confidentiality clauses), an experienced birth injury lawyer should be able to give an overall view of how they have helped their clients.

Your birth injury lawyer will begin by reviewing medical records to determine if you have a case. They may need to get expert testimony. Typically, this means consulting with other doctors to get an opinion on whether your doctor's actions were in violation of the standards of care during the birth of your child.

If your lawyer concludes that you have an appropriate claim then they will bring a birth injury lawsuit against the defendants. This usually includes the doctor who delivered your baby as along with any nurses and hospital personnel involved in the birth of your child. A successful lawsuit could earn you compensation for the loss of your family's income, out-of-pocket medical expenses, and suffering and pain.

Gathering Evidence

While advances in medicine have made childbirth more secure than in the past, mothers and their children still have some risks of complications. Injuries that result due to a negligent doctor's carelessness can cause an unending amount of medical expenses and hardship for families. A birth injury lawyer can assist clients seek financial compensation from medical professionals who are accountable.

A successful claim requires proof that the injuries resulted from medical negligence. This involves review of medical records and opinions from medical experts to determine whether the treatment was consistent with accepted standards of medical care. Medical malpractice could include birth trauma, obstetrical errors and injuries sustained during labor and birth.

A seasoned injury lawyer can identify the most convincing evidence and witness testimonies to support your case. They also be able to negotiate with insurance companies and file an action if necessary. They understand the pressure tactics that insurers use to minimize settlements and are able to manage the process from beginning to completion.

A reputable birth injury lawyer will be able to work on a contingency fee which means that they will cover all expenses associated with your case and will only take a percentage of what they win for you. This can save you money over time because you won't have to pay a large fee up front.

Filing a Lawsuit

If your attorney believes you have a plausible claim, they will bring a lawsuit on your behalf. It is crucial to begin this process as quickly as feasible because the longer you delay for, the more difficult will be to create an argument that is strong and get an appropriate amount of compensation for your child.

Your lawyer will then send a letter to the medical provider(s) informing them about your malpractice claims. Your lawyer will negotiate with their insurance providers in order to settle the matter. A reputable birth injury lawyer has the experience and knowledge to navigate the tactics that insurers employ to reduce settlement offers.

Your lawyer can consult with financial and medical experts to determine the proper amount that should be requested in the form a damages award. This amount will be calculated based on the financial and emotional consequences of the injury to your family. This will include ongoing medical treatment as well as an estimate of the cost of living.

If your lawyer cannot reach an agreement in your case with the defendants, they will bring your claim to the court. This is usually done in front a judge and jury, who will decide the outcome of your claim. A successful trial verdict can often result in more money than a settlement would.