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Why You Should Hire a Birth Injury Attorney

You may be entitled to compensation for special damages if your child is born with an injury due to medical malpractice. You could be entitled to compensation for past and future medical expenses as well as wages you've lost while to care for your child and more.

In order to win your case, you must prove that the medical experts violated their duty of care. Your lawyer can assist you in proving this by utilizing medical experts.





Getting Started

You may be overwhelmed by the medical expenses associated with a newborn. You may also be coping with emotional trauma resulting from the fact that your child has suffered injuries to his or her birth due negligence on the part of medical professionals.

You have the legal right to file an action to bring the hospital or doctor accountable for the harm they caused to your child. But, you'll require a birth injury attorney who has the experience to help create a strong case. They can also help you negotiate an acceptable settlement. An experienced attorney can handle communications with insurance companies and help you file your claim and ensure that you meet the statute of limitations that applies to your situation.

The first step is obtaining a free case evaluation with an experienced lawyer. In this session the lawyer will go over your medical records and determine whether you have an adequate legal claim to compensation.

A good birth injury lawyer will have experience handling medical malpractice claims, and will be able to assess the merits of your case. The best lawyers also have an impressive track record of success. When interviewing an attorney ask how many cases they typically handle at any given time and if they have a support team to assist them in managing their current caseload. This will give you a better indication of the attention that your case will receive.

Medical Records - How Do I Get Them

In many instances, medical mistakes during labor and delivery can result in serious injuries to infants as as their families. A successful lawsuit can help with future medical needs of the child. While a settlement cannot undo the harm caused by medical staff, it can help families pay for medical treatments and therapies.

A good birth injury lawyer is well-versed in the laws that govern 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 settlements or verdicts in the past because the documents generally contain confidentiality provisions, however a knowledgeable 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 review your medical records to determine if there is an action. They may need to get expert testimony. In general, this means speaking with other doctors to get a formal opinion about whether your doctor's actions were in violation of the standards of care during the child's birth.

If your lawyer decides that you have a legitimate case, they will start a lawsuit against defendants. Usually, this includes the doctor who delivered your baby, as well as any nurses and hospital personnel involved in the birth of your child. A successful lawsuit can bring you compensation for the loss of your family's income, out-of-pocket medical expenses, as well suffering.

Gathering Evidence

Although advances in medicine have made birthing more secure than ever before, mothers and infants have to be aware of complications. Injury resulting from negligence by a doctor can result in an unending amount of medical expenses and hardship for families. A birth injury lawyer 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 have to prove it. That will involve looking over medical records and requesting opinions from medical experts to determine if the treatment was in accordance with accepted standards of care. Medical malpractice can include birth trauma, obstetrical mistakes and injuries that occur during labor and delivery.

A seasoned injury lawyer will be able to determine the best evidence and witness testimonies to prove your case. They will also have the knowledge to negotiate with insurance companies and also file a lawsuit when necessary. They are aware of the pressure tactics used by insurers to reduce settlements, and can manage the entire process from beginning to end.

A skilled birth injury lawyer will operate on contingency which means that they take care of your expenses and only charge a percentage if they win. This will save you money in the end as you won't have to worry about paying an upfront fee.

Filing an action

Your lawyer will file a lawsuit on your behalf if they believe you have an adequate claim. It's important to start this process as soon as possible, as the longer you delay for, the more difficult will be to develop an argument that is strong and get fair compensation for your child.

The medical provider(s) will then be served with the letter from your lawyer informing them of the malpractice claim. Then, your lawyer will work with their insurance companies in an effort to settle the claim. A good birth injury lawyer has experience and expertise to know the tactics employed by insurance companies to cut down settlement offers.

Your attorney can also consult with financial and medical experts to determine the right amount to be requested in the form of a damages award. The amount you receive will consider the impact the injury has affected your family financially and emotionally. This will include ongoing medical treatment as well as an estimate of the cost of living.

If your lawyer cannot reach a settlement for your case with the defendants, they will present your claim in the court. The majority of the time, this happens in front of an impartial jury and a judge who then decide on the outcome of your case. A successful trial verdict will often result in the amount you need much earlier than a settlement would.