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Why You Should Hire a Birth Injury Attorney

If your child suffers a birth injury due to medical negligence, you may be entitled to compensation for damages. These include past and future medical expenses, lost wages to care for your child, and much more.

You will need to show that medical professionals violated their duty of care to be successful in your case. Your lawyer can help you in establishing this by using medical experts.

Getting Started

As parents, you could be overwhelmed with the care of your newborn and the associated medical expenses. You may also be confronting the emotional trauma of your child's birth injury.

You have the right file an action to bring the hospital or doctor accountable for the injuries to your child. However, you'll need a birth injury lawyer who has experience to assist you make a convincing case. They can also help you negotiate a fair settlement. An experienced lawyer will be able to manage communication with insurance companies as well as file your claim. They can also make sure that you meet the applicable statute of limitations.

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

A good birth injury lawyer has the experience of 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. When interviewing an attorney ask them how many cases they typically handle at a time and if they have a support staff to manage their ongoing caseload. This will give you a clear indication of the amount of attention your case will receive.

Requesting Medical Records

In many cases medical malpractice during labor and birth can cause serious injuries to infants and their families. A successful lawsuit can aid in the payment of future care needs of children. Settlements can assist families with the cost of necessary treatments and therapies.

A reputable birth injury lawyer is well-versed in the laws that govern malpractice claims in your state. They must also have experience in representing clients who have similar cases similar to yours. They may not provide specific information about settlements or verdicts from the past as the documents that are confidential typically have clauses, but a seasoned birth injury lawyer should be able give a general overview of the ways they assisted their clients.

Your lawyer for birth injuries will first look over your medical records to determine if there is a claim. They may also have to get expert testimony. This typically means speaking with other medical professionals to obtain a formal opinion on whether your doctor breached the normal guidelines for your baby's birth.

If your lawyer decides that you have a valid case, they will file a lawsuit against the defendants. This typically includes the doctor who delivered your baby, as well as any nurses and hospital personnel involved in the birth of your child. A successful lawsuit may get you compensation for your family's lost income, out-of-pocket medical expenses, as well as suffering.

Gathering Evidence

While medical advances have made childbirth much safer than in the past, mothers and their infants still have a chance of suffering complications. Accidents caused by a doctor's negligence could result in the cost of medical expenses for a lifetime and hardships for families. A birth injury lawyer can assist clients seek financial compensation from the medical professionals who are accountable.

A successful claim will require proof that the injuries were caused by medical malpractice. That will involve reviewing medical records and seeking opinions from medical experts to determine if the treatment was consistent with the accepted standards of care. Medical malpractice can involve birth trauma, obstetrical mistakes, and injuries sustained during labor and delivery.

An experienced lawyer for injury will be able to identify best witnesses and evidence to back your case. They are also competent to negotiate with insurance companies and file a suit in the event of need. They are aware of the pressure tactics that insurers use to minimize settlements and can handle the process from start to finish.

A good birth injury attorney will operate on a contingency-based basis which means that they will cover all expenses related to your case and only collect a percentage of the amount they get for you. This can save money over time because you won't be paying an upfront fee of a significant amount.

Filing a Lawsuit

Your attorney will file a lawsuit on your behalf if they believe that you have a valid claim. It's important to start this process as quickly as possible since the longer you delay and the longer you wait, the more difficult it will be to create a solid case and secure fair compensation for your child.

The medical provider(s) will then receive a letter from your lawyer to inform them of the malpractice claim. Your lawyer will discuss the matter with their insurance providers in an effort to settle the matter. A good birth injury lawyer has experience and the knowledge to understand the strategies used by insurers to minimize settlement offers.

Your lawyer may consult with medical and financial experts to determine the proper amount to request in the form of a damages award. The amount will be based on the financial and emotional effects of the injury on your family. This will include ongoing medical treatments and an estimate of the cost of living.

If your lawyer fails to negotiate a settlement with the defendant(s) in your case, they will bring your claim to trial. Most often, this is done before the jury and judge who will then decide the outcome of your case. A verdict that is successful in court can often result in compensation sooner than a settlement would.