Why You Should Hire a Birth Injury Attorney
If your child has a birth injury due to medical malpractice, you may be entitled to compensation for special damages. This includes past and future medical expenses, lost wages to provide care for your child, and much more.
In order to win your case, you must prove that medical experts violated their duty to care. Your lawyer can help you establish this through the use of medical experts.
Getting Started
As parents, you might be overwhelmed with taking care of your newborn and the associated medical bills. You could also be confronting the emotional trauma that comes with your child's birth trauma.
You have the right to bring a lawsuit against the hospital or doctor accountable for the injury to your child, but you will need an experienced birth injury lawyer to help you build a solid case and help you obtain an equitable settlement. An experienced attorney can handle the insurance companies' communications and file your claim and ensure that you are within the statute of limitations applicable to your situation.
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 medical records to determine whether you have a legal claim for compensation.
A reputable birth injury lawyer has expertise in dealing with medical malpractice claims, and is able to evaluate the merits of your case. The best lawyers also have a track record of success. Ask the lawyer how many cases they take on at any given time and if they have support staff to manage their cases. This will give you an idea of how much time and attention your case will receive.
Medical Records - How Do I Get These Records
In many cases, medical negligence during labor and birth can cause serious injuries to babies and their families. A successful lawsuit could help pay for future care needs of the child. Settlements can aid families in paying for necessary treatments and therapies.
A reputable birth injury lawyer should be aware of the laws regarding malpractice claims in your state. They must also have experience in representing clients who have similar cases to yours. They may not be able provide specific information about past verdicts or settlements because such documents usually contain confidentiality provisions, but a skilled birth injury lawyer should be able to give you a general idea of the ways they assisted their clients.
Your lawyer for
birth injuries will first look over your medical records to determine if there is an action. They may also have to obtain expert testimony. This typically means speaking 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 concludes that you have an appropriate claim and they file a
birth injury lawsuit against the defendants. This includes the nurse or doctor who delivered your child, as well as hospital personnel 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 childbirth safer than in the past mothers and their infants still face some risk of complications. Injuries that result from negligence of a doctor could cause an entire lifetime of medical expenses and financial hardship for families. A birth injury lawyer can help them pursue financial compensation from the medical professionals who are accountable.
A successful claim requires evidence that the injuries resulted from medical negligence. This involves looking over medical records and requesting opinions from medical experts to determine whether the treatment was in accordance with accepted standards of medical care. Medical malpractice could include birth trauma, obstetrical error as well as injuries sustained during labor and
birth injury lawsuit.
An experienced injury lawyer will be able identify the most reliable witnesses and evidence to back your case. They will also be able to negotiate with insurance companies and also file an action when needed. They are familiar with the strategies employed by insurance companies to limit settlements, and they are able to manage the entire process.
A good birth injury attorney will operate on a contingency-based basis that is, they will pay all expenses related to your case and will only take an amount of the money they get for you. This can save you money over time as you won't be paying an enormous amount upfront.
Filing a Lawsuit
When your attorney believes that you have a plausible claim, they will file a lawsuit on your behalf. It is crucial to start the process as soon as possible, because the longer you wait and the longer you wait, the more difficult it will be for you to build a solid case and get the right amount of compensation for your child.
The medical provider(s) will then receive a letter from your attorney informing them of the malpractice claim. Your lawyer will then engage with insurance companies to settle the case. A reputable birth injury lawyer has experience and the knowledge to navigate the tactics used by insurers to reduce settlement offers.
Your attorney may also work with financial and medical experts to determine the right amount to request in the form of an award of damages. This amount will be based on the emotional and financial consequences of the injury to your family. This will include ongoing medical care and an estimate of the cost of living.
If your lawyer fails to reach a settlement with the defendant(s) in your case, they'll bring your claim to trial. This usually happens in front a judge and jury, who decide the outcome of your case. A successful trial verdict can often provide you with compensation much sooner than a settlement would.