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Why You Should Hire a Birth Injury Attorney

If your child suffers a birth injury resulting from medical negligence, you may be entitled to compensation for special damages. These could include past and future medical costs, wages you've lost to provide care for your child, and more.

To win your claim you will need to prove that the medical professionals violated their duty of care. Your lawyer can assist you in proving this through medical experts.

Getting Started

As a parent, you may be overwhelmed by taking care of your newborn and the associated medical bills. You will also likely be dealing with emotional trauma due to the fact that your child has suffered an injury at birth due to negligence on the part of medical professionals.

You are entitled to file an action against the doctor or hospital responsible for your child's injury however, you'll require an experienced birth injury lawyer to help you build a strong case and help you get a fair settlement. An experienced attorney can handle correspondence with insurance companies to file your claim and ensure you meet the statute of limitations that applies to your situation.

First, you should get a free evaluation of your situation with an experienced lawyer. During the consultation your lawyer will go through all your medical records to determine whether you have a valid claim for compensation.

A reputable birth injury lawyer will have experience in handling medical malpractice cases, and know how to evaluate the merits of your case. The most effective lawyers also have an impressive track record of success. Ask the lawyer how many cases they handle at one time and whether they have a support staff to handle their cases. This will give you an indication of the attention that your case will receive.

Inquiring about Medical Records

In many instances medical mistakes during labor and delivery can cause serious injuries to infants as well as their families. A successful lawsuit may assist in paying for the future care needs of a child. A settlement could help families pay necessary treatments and therapies.

An experienced birth injury attorney is well-versed in the laws in your state that pertain to malpractice lawsuits. They must also have experience in representing clients who have similar cases to yours. They may not be able provide specific details regarding past verdicts or settlements because the documents that are confidential typically have provisions, but a skilled birth injury lawyer should be able provide a general understanding of how they helped their clients.

The lawyer for your birth injury will begin by reviewing medical records to determine whether you have a case. They might also need to obtain expert testimony. In general, this means speaking with other doctors to get an official opinion on whether your doctor violated the standard of care during your child's delivery.

If your lawyer determines that you do have a valid claim and they initiate a birth injury lawsuit against the 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 of your child. A successful lawsuit could result in compensation for your family’s lost income, medical bills as well as discomfort and pain.

Gathering Evidence

While medical advances have made birthing safer than ever before, mothers and infants are still susceptible to complications. Accidents that result from a doctor's negligence can result in a lifetime of medical costs and hardship for families. A birth injury lawyer can assist in obtaining financial compensation from the accountable doctors.

A successful claim requires proof that the injuries resulted from medical malpractice. This requires looking over medical records and requesting opinions from medical experts to determine if the treatment met accepted standards of medical care. The types of injuries that could be considered medical malpractice are obstetrical error, birth trauma, and injuries sustained during labor and delivery.

An experienced injury lawyer will be able identify the most reliable witnesses and evidence that support your case. They will also have the experience to negotiate with insurance firms and file lawsuits if needed. They are aware of the tactics that insurers use to minimize settlements and are able to manage the entire process from beginning to finish.

A competent birth injury law firms injury lawyer will operate on contingency, which means they will pay for your expenses and only charge you a percentage of the amount if they win. This could save you money over the long term since you don't need to worry about paying an up-front cost.

Filing an action

Your attorney will file a suit on your behalf if they believe that you have an appropriate claim. It is important to begin this process as quickly as you can, because the longer you put off and the longer it takes, the more difficult it will be for you to create an impressive case and win an adequate amount of money for your child.

Your lawyer will send a letter to the medical provider(s) and inform the provider of your malpractice claim. Your lawyer will then meet with insurance companies to resolve the matter. A skilled birth injury attorney has the knowledge and experience to navigate the tactics that insurance companies employ to limit settlement offers.

Your lawyer could also work with medical and financial experts to determine the right amount to ask for in the form of damages award. This amount will take into consideration how much impact the accident has had on your family financially as well as emotionally. It will also include any ongoing medical treatment and estimates of cost of living.

If your lawyer is not able to negotiate a settlement with the defendant(s) in your case, they will bring your case to trial. Most often, this is done before a judge and jury who then decide on the outcome of your case. A victory at trial will usually result in a much faster settlement than an agreement.