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Why You Should Hire a Birth Injury Attorney

If your child is suffering from a birth injury due to medical negligence, you may be entitled to compensation for specific damages. You could be entitled to compensation for your past and future medical expenses or wages you were unable to earn while caring for your child, and more.

You will need to prove that medical professionals did not fulfill their duty of care to win your case. Your lawyer can assist you in proving this using medical experts.

Getting Started

It is possible to feel overwhelmed by the medical bills that accompany a newborn. You could also be dealing with emotional trauma from the possibility that your child suffered an injury at birth due to negligence on the part of medical professionals.

You are entitled to file an action to hold the doctor or hospital accountable for the injuries to your child. However, you'll require a birth injury lawyer with experience to help you make a convincing case. They can also assist you negotiate a fair settlement. An experienced attorney can manage correspondence 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 an initial free case assessment with an experienced lawyer. During the consultation your lawyer will go over all of your medical records to determine whether you have a legal claim for compensation.

A reputable birth injury lawyer has experience handling medical malpractice claims, and will be able to assess the merits of your case. Additionally, the top attorneys have a demonstrated track of success in court. Ask the lawyer how many cases they handle at a time, and if they have a support staff to handle their caseload. This will give you a better idea of how much the attention your case will receive.

Medical Records - How Do I Get They

In many cases, medical negligence during labor and birth can result in serious injuries to infants and their families. A successful lawsuit may aid in the payment of future medical needs of children. A settlement could help families pay necessary treatments and therapies.

A good birth injury lawyer is well-versed in the laws in your state pertaining to malpractice lawsuits. They must also have experience in representing clients who have similar cases similar to yours. They might not be able provide specific information about settlements or verdicts that they have had in the past, as these documents typically contain confidentiality provisions, but an experienced birth injury lawyer should be able to 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 an instance. They may need to get expert testimony. This typically involves speaking with other medical professionals to obtain an opinion from a professional on whether your doctor violated norms of care for your baby during its birth.

If your lawyer believes that you do have a valid claim, they will initiate a birth injury lawsuit against the defendants. This usually includes the doctor who delivered your baby, as in addition to any nurses or hospital personnel who were involved in the birth of your child. A successful lawsuit could earn you compensation for your family's lost income, out of pocket medical expenses, and suffering and pain.

Gathering Evidence

While medical advances have made childbirth more secure than in the past mothers and babies have some risks of complications. The injuries caused by a negligent doctor can result in an ongoing burden of medical bills and financial hardship for families. A birth injury lawyer can help to seek financial settlement from the responsible medical professionals.

A successful claim requires evidence that the injuries were caused by medical malpractice. This will mean reviewing medical records and obtaining opinions from medical experts in order to determine whether the treatment was up to the standard. Medical malpractice can include birth trauma, obstetrical malpractices, and injuries sustained during labor and delivery.

An experienced lawyer for injury will be able to determine the most reliable evidence and witness testimony to prove your case. They will also be capable of negotiating with insurance companies and file a lawsuit in the event of need. They understand the pressure tactics used by insurers to reduce settlements and can handle the process from beginning to end.

A reputable birth injury lawyer will be on a contingency basis that is, they will pay the entire cost of the case and only receive a percentage of the amount they get for you. This can save you money over time because you won't be paying an enormous amount upfront.

Filing a Lawsuit

If your lawyer believes you have a plausible claim, they will bring a lawsuit on your behalf. It's important to start this process as quickly as feasible because the longer you delay longer, the more difficult it will be to develop a strong case and recover fair compensation for your child.

Your lawyer will then send a letter to the medical provider(s), informing the provider of your malpractice claim. Your lawyer will then engage with insurance companies to settle the case. An experienced birth injury lawyer has the expertise and experience to navigate the tactics that insurance companies employ to limit settlement offers.

Your lawyer can also work with medical and financial experts to determine the right amount to request in the form of an award of damages. The amount you receive will take into account the impact that the accident has caused your family financially and emotionally. This will include ongoing medical treatments and an estimate of the cost of living.

If your lawyer is not able to reach an agreement on your case with the defendants, they'll present your claim in the court. Typically, this is done in front of a judge and jury who will then decide the outcome of your case. A successful trial verdict will often pay you the amount you need much earlier than a settlement.