Why You Should Hire a Birth Injury Attorney
If your child has a birth injury resulting from medical malpractice, you could be entitled to compensation for special damages. You may be entitled to compensation for your past and future medical expenses as well as wages you've lost while to care for your child and more.
You will need to prove the medical professionals breached their duty of care in order to win your case. Your lawyer can help establish this through the use of medical experts.
Getting Started
As parents, you might be overwhelmed with taking care of your baby and the associated medical expenses. You may also be confronting the emotional trauma of the birth injury your child suffered.
You have the right to bring a lawsuit against the hospital or doctor who caused your child's injury however, you'll need an experienced birth injury lawyer to create a strong case and help you negotiate an equitable settlement. An experienced lawyer will be able to handle communication with insurance companies as well as file your claim. They can also ensure that you meet the statute of limitations applicable to you.
The first step is to get an evaluation of your case for free with an experienced lawyer. During the consultation your lawyer will go through all of your medical records to determine whether you are entitled to a claim for compensation.
A reputable birth injury lawyer will have experience handling medical malpractice claims and will know how to assess the merits of your case. The best lawyers also have a track record of success. Ask the attorney what number of cases they are handling at a time, and if they have support staff to manage their cases. This will give you an idea of how much attention your case will receive.
Medical Records - How to Obtain Them
In many cases, medical malpractice during labor and birth can result in serious injuries to babies and their families. A successful lawsuit could help to pay for the future health needs of a child. While a settlement can't undo the harm caused by medical staff however, it can assist families pay for the necessary treatments and therapies.
A reputable birth injury lawyer is well-versed in the laws of your state in relation to malpractice lawsuits. They should also have experience representing clients who have similar cases similar to yours. They may not give you specific details about settlements or verdicts from the past as the documents that are confidential typically have provisions, but an experienced birth injury lawyer should be able provide a general understanding of how they helped their clients.
The
birth injury lawyer will start by reviewing medical records to determine whether you have a case. They may also have to obtain expert testimony. This typically involves speaking with other doctors to obtain a formal opinion on whether your doctor's actions violated norms of care for your baby during its birth.
If your lawyer determines that you do have a valid claim then they will bring a
birth injury lawsuit against the defendants. This includes the nurse or doctor who delivered your child, and hospital staff and other individuals involved in its birth. A successful lawsuit can get you compensation for the loss of your family's income, out-of-pocket medical expenses, as well pain and suffering.
Gathering Evidence
While medical advances have made birthing safer than before, babies and mothers have to be aware of complications. Accidents caused by a doctor's negligence could result in a lifetime of medical expenses and financial hardship for families. A birth injury lawyer can assist in obtaining financial compensation from the accountable doctors.
A successful claim will require evidence that the injuries resulted from medical malpractice. This involves reviewing medical records and seeking opinions from medical experts to determine if the treatment was in accordance with the accepted standards of care. Some injuries that can be deemed medical malpractice can include obstetrical mistakes and birth trauma, as well as injuries incurred during labor and birth.
An experienced attorney for injuries can identify the most reliable evidence and witness testimony to back up your case. They will also have the knowledge to bargain with insurance companies and file an action when needed. They are aware of the pressure tactics that insurance companies employ to cut down on settlements and can handle the process from start to end.
A good
birth injury attorney will operate on a contingency-based basis, meaning they will cover all expenses related to your case, and only collect an amount of the money they get for you. This can save you money over time since you won't be paying an enormous amount upfront.
Filing a Lawsuit
Your attorney will file a lawsuit on your behalf if they believe that you have a valid claim. It is essential to begin this process as quickly as possible, because the longer you delay and the longer you wait, the more difficult it will be for you to construct an argument that is solid and secure an adequate amount of money for your child.
Your lawyer will send a letter to the medical provider(s) informing them about your malpractice claim. Your lawyer will then negotiate with the insurance companies to try and resolve the matter. A good birth injury lawyer has the experience and the knowledge to know the tactics employed by insurers to reduce settlement offers.
Your lawyer can consult with financial and medical experts to determine the appropriate amount to be requested in the form a damages award. The amount will be based on the financial and emotional impact of the injury to your family. This will include ongoing medical treatment and an estimate of the cost of living.
If your lawyer is unable to negotiate a settlement with the defendant(s) in your case, they will take your case to trial. This usually happens before a judge and jury, who will decide the outcome of your claim. A successful trial can often result in compensation much sooner than a settlement.