Why You Should Hire a Birth Injury Attorney
If your child is suffering from a birth injury due to medical malpractice, you could be entitled to compensation for damages. You could be entitled to compensation for your past and future medical costs and wages you have lost in caring for your child, and more.
To prevail in your case, you will need to show that medical experts violated their duty to care. Your lawyer can help you in proving this through medical experts.
Getting Started
As a parent, you may be overwhelmed with the care of your newborn and the medical bills that accompany it. You may also be experiencing the emotional trauma of the birth injury of your child.
You have the right to bring a lawsuit against the doctor or hospital responsible for your child's injury However, you'll need an experienced birth injury lawyer to construct a solid case and help you obtain an appropriate settlement. An experienced attorney will be able to manage your communication with insurance companies as well as file your claim. They will also be able to ensure that you have met the deadlines for filing claims.
The first step is obtaining an initial free case assessment with an experienced lawyer. During this meeting, the lawyer will review your medical records and assess whether you have a valid legal claim to compensation.
A good birth injury lawyer has expertise in dealing with medical malpractice claims, and is able to evaluate the merits of your case. Additionally, the top attorneys have a track record of success in court. Ask the lawyer how many cases they take on at any given time and if they have support staff in place to handle their cases. This will give you an idea of how much attention your case will get.
Obtaining Medical Records
In many cases, medical negligence during labor and delivery could result in serious injuries to infants and their families. A successful lawsuit can aid in the payment of future medical requirements of the child. While a settlement will not reverse the harm done by medical staff however, it can assist families pay for needed treatments and therapies.
A good birth injury lawyer is knowledgeable of the laws governing malpractice claims in your state. They should have handled cases similar to yours. While they may not be able divulge specific details of past settlements and verdicts (because these documents typically contain confidentiality clauses), an experienced attorney for birth injuries should be able to give you a general idea of the way they have assisted their clients.
Your lawyer for birth injuries will initially review your medical records to determine if you have any claims. They may require expert testimony. Typically, this means consulting with other physicians to obtain a formal opinion about whether your doctor violated the standards of care during your child's delivery.
If your lawyer concludes that you have a valid claim the lawyer will start a lawsuit for birth injuries against the defendants. This includes the nurse or doctor who delivered your child and hospital staff and anyone else who were involved in the birth. A successful lawsuit can bring you compensation for your family's lost income, as well as out of pocket medical expenses, as well as suffering and pain.
Gathering Evidence
Although medical advances have made childbirth more secure than in the past, mothers and their babies still have some risks of complications. Injury resulting from negligence of a doctor could result in a lifetime of medical costs and hardship for families. An attorney for birth injuries can assist in obtaining financial compensation from the accountable doctors.
In order to prove that medical malpractice was the cause of the injuries, you will be required to prove the injury. This involves review of medical records and opinions from medical experts to determine if the treatment met accepted standards of medical care. Medical malpractice can involve
birth injury lawsuits trauma, obstetrical errors and injuries sustained during labor and delivery.
An experienced attorney for injuries will be able to determine the most convincing evidence and witness testimony to back up your case. They will also be capable of negotiating with insurance firms and file a lawsuit when needed. They are familiar with the strategies employed by insurers to reduce settlements, and they are able to handle the entire process.
A professional with experience in
birth injuries will work on contingency that means they take care of your expenses and only charge a percentage if they succeed. This could save you money in the end as you don't have to be concerned about paying a upfront cost.
Filing an action
Your attorney will file a lawsuit on your behalf if they believe you have an appropriate claim. It is important to begin this process as fast as you can because the longer you delay and the longer you wait, the more difficult it will be for you to make an argument that is solid and secure an adequate amount of money for your child.
Your lawyer will then send a letter to the medical provider(s) informing them about your malpractice claims. Your lawyer will negotiate with their insurance providers in order to settle the case. A skilled
birth injury attorneys injury attorney has the expertise and experience to be able to discern the strategies insurance companies employ to reduce settlement offers.
Your attorney may also consult with financial and medical experts to determine the correct amount to request in the form of a damages award. The amount will be based on the financial and emotional consequences of the injury to your family. This will include ongoing medical treatment and an estimate of the cost of living.
If your lawyer fails to negotiate a settlement with the defendant(s) in your case, they'll bring your case to trial. This is usually done in front a judge and jury, who will determine the outcome of your claim. A successful trial verdict will often result in the amount you need much earlier than a settlement.