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Why You Should Hire a Birth Injury Attorney
You may be entitled to compensation for damages that are specific to your child is born with an injury as a result of medical negligence. You could be entitled to compensation for past and future medical costs and wages you have lost in caring for your child and more.
To be successful in your claim, you will need to prove that medical professionals violated their duty of care. Your lawyer can help to prove this by making use of medical experts.
Getting Started
As parents, you might be overwhelmed with taking care of your baby and the associated medical bills. You may also be suffering from the emotional trauma that comes with the birth injury your child suffered.
You have the right to file a lawsuit against the doctor or hospital responsible for your child's injuries, but you will require a skilled birth injury attorney to build an impressive case and assist you secure an equitable settlement. An experienced attorney can handle interactions with insurance companies and help you file your claim and ensure that you have met the statute of limitations applicable to your situation.
The first step is to get an assessment of your case free of charge from an experienced lawyer. During the meeting, the lawyer will review your medical records and determine whether you have a valid legal claim for compensation.
A reputable birth injury lawyer will have experience in handling medical malpractice claims and is able to evaluate the merits of your case. The best lawyers also have an established track record of success. When interviewing an attorney ask how many cases they typically handle at one time and whether they have a staff to help manage their ongoing caseload. This will give you an idea of the amount of attention your case will receive.
Medical Records - How Do I Get These Records
In many instances, medical negligence during labor and delivery can cause serious injuries to infants as well as their families. A successful lawsuit can assist in paying for the future healthcare 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 reputable birth injury lawyer will be knowledgeable of the laws in your state that pertain to malpractice lawsuits. They should also have experience defending clients in similar cases similar to yours. Although they may not be able divulge specific details of previous settlements and verdicts (because the documents usually contain confidentiality clauses) An experienced birth injury attorney can give you a broad idea of how they've helped their clients.
The birth injury lawyer will begin by looking over medical records to determine whether you have a case. They may require expert testimony. In general, this means speaking with other doctors to get a formal opinion about whether your doctor's actions violated the standard of care during the child's birth.
If your lawyer determines that you do have an appropriate claim, they will initiate a birth injury lawsuit against the defendants. This includes the doctor or nurses who delivered your child and hospital staff as well as any other persons involved in its birth. 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 more secure than in the past mothers and their children still face some risk of complications. Injuries caused by a doctor's negligence could result in an entire life of medical expenses and hardships for families. A birth injury lawyer can assist them pursue financial compensation from the medical professionals who are accountable.
A successful claim requires evidence that the injuries were caused by medical malpractice. This requires looking over medical records and getting opinions from medical experts to determine whether the treatment provided was up to the standard. Injuries that can be considered medical malpractice could include obstetrical errors or birth trauma as well as injuries incurred during labor and birth.
An experienced lawyer for injury can identify the most reliable witnesses and evidence to back your case. They also have the experience to negotiate with insurance companies and to file a lawsuit when necessary. They are familiar with the strategies employed by insurers to reduce settlements, and they can handle the entire process.
A competent birth injury lawyer will operate on contingency that is, they'll cover your expenses and only charge you a percentage if they prevail. This can save you money over the long term as you won't have to be concerned about paying a upfront fee.
Filing a Lawsuit
When your attorney believes that you have a viable claim, they will bring a lawsuit on your behalf. It is crucial to start this process as soon as you can, because the longer you wait in the process, the more difficult it'll be for you to build a solid case and get fair compensation for your kid.
The medical provider(s) will then receive an email from your lawyer to inform them of the malpractice claim. Then, your lawyer will discuss the matter with their insurance providers in an effort to settle the matter. A skilled birth injury attorney has the knowledge and experience to navigate the tactics that insurance companies employ to limit settlement offers.
Your attorney may also work with medical and financial experts to determine the right amount to ask for in the form of an award of damages. The amount will be determined based on the emotional and financial effects of the injury on your family. This will include ongoing medical treatments and an estimate of the cost of living.
If your lawyer fails to reach a settlement with the defendant(s) in your case, they will take your case to trial. The majority of the time, this happens in front of jurors and judges who will then decide the outcome of your case. A victory at trial will usually result in compensation much quicker than a settlement.
