Why You Should Hire a Birth Injury Attorney
If your child suffers a birth injury caused by medical negligence, you may be entitled to compensation for specific damages. These could include past and future medical expenses, lost wages to provide care for your child, as well as other damages.
You will need to prove the medical professionals breached their duty of care to win your case. Your lawyer can help establish this through the use of medical experts.
Getting Started
It is possible to feel overwhelmed by the medical costs due to a baby. You could also be experiencing the emotional trauma that comes with your child's birth injury.
You are entitled to file an action to make the hospital or doctor accountable for the harm they caused to your child. However, you will need a birth injury attorney with years of experience to help you build a strong case. They can also help you negotiate a fair settlement. An experienced attorney can manage communications with insurance companies, file your claim, and ensure that you are within the statute of limitations that applies to your situation.
The first step is obtaining an assessment of your case free of charge from an experienced lawyer. During 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 with medical malpractice cases and will know how to evaluate the merits of your claim. Additionally, the top lawyers have a proven track of success in court. When interviewing an attorney, ask how many cases they usually handle at any given time and if they have support staff to help manage their ongoing caseload. This will give you a better indication of the attention that your case will receive.
Medical Records - How Do I Get These Records
In many cases medical malpractice during labor and delivery can result in serious injuries to babies and their families. A successful lawsuit can help with future medical requirements of the child. While a settlement cannot undo the harm caused by medical staff, it can help families pay for necessary treatments and therapies.
A good birth injury lawyer should be aware of the laws regarding malpractice claims in your state. They should have represented clients in similar cases to yours. They may not be able provide specific details regarding settlements or verdicts that they have had in the past, as such documents usually contain confidentiality provisions, but a skilled birth injury lawyer should be able to give a general overview of how they have helped their clients.
Your lawyer for birth injuries will first review your medical records to determine if you are entitled to a claim. They may also have to obtain expert testimony. This usually involves consulting other physicians to get an official opinion about whether your doctor's actions violated usual care of your baby's birth.
If your lawyer determines that you have a legitimate case, they will file a lawsuit against the defendants. Usually, this includes the doctor who delivered your baby as well as any nurses and hospital personnel who were involved in your child's
birth injury lawyers. A successful lawsuit could result in compensation for your family's lost income, medical costs as well as discomfort and pain.
Gathering Evidence
While advances in medicine have made childbirth much safer than in the past, mothers and their children still have a chance of suffering complications. The injuries caused by a doctor's carelessness can lead to the cost of medical expenses for a lifetime and financial hardship for families. A birth injury lawyer can help families seek financial compensation from the accountable doctors.
A successful claim will require evidence that the injuries were the result of medical malpractice. This requires review of medical records and opinions from medical experts to determine whether the treatment was to standard. Some injuries that can be deemed medical malpractice can include obstetrical mistakes or birth traumas, as well as injuries incurred during labor and delivery.
A seasoned injury lawyer can help you identify the best evidence and witness testimony to back up your case. They are also capable of negotiating with insurance companies and file a suit when needed. They are aware of the tactics that insurance companies employ to limit settlements and can handle the entire process from beginning to completion.
A good birth injury attorney will be able to work on a contingency fee, meaning they will cover all expenses related to the case and only receive a percentage of the amount they are able to win 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 suit on your behalf if they believe that you have an appropriate claim. It's crucial to start this process as soon as possible because the longer you wait longer, the more difficult it will be to develop an effective case and win fair compensation for your child.
The medical provider(s) will then be served with an email from your lawyer informing them of the malpractice claim. Your lawyer will then negotiate with the insurance companies to try and settle the case. A good birth injury lawyer has experience and the knowledge to understand the strategies used by insurers to reduce settlement offers.
Your lawyer may also consult with medical and financial experts to determine the correct amount to request in the form of a damages award. This amount will take into account the impact that the injury has affected your family financially as well as emotionally. This will include ongoing medical treatment as well as an estimate of the cost of living.
If your lawyer is unable to reach a settlement for your case with the defendants, they'll present your claim in court. This is usually done in front a judge and jury, who decide the outcome of your case. A successful trial can often result in compensation much quicker than an agreement.