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Why You Should Hire a Birth Injury Attorney

If your child suffers a birth injury due to medical malpractice, you may be entitled to compensation for specific damages. You could be entitled to compensation for your past and future medical costs and wages you have lost in taking care of your child, and more.

You must show that medical professionals violated their duty of care to be successful in your case. Your lawyer can assist you in establishing this by using medical experts.





Getting Started

It is possible to feel overwhelmed by the medical expenses associated with a newborn. You could also be suffering from the emotional trauma that comes with your child's birth trauma.

You have the right to bring a lawsuit against the hospital or doctor accountable for the injury to your child but you'll require an experienced birth injury lawyer to construct a solid case and help you obtain an equitable settlement. An experienced attorney can manage interactions with insurance companies, file your claim, and ensure that you are within the time limit that applies to your situation.

The first step is to get an evaluation of your case for free with an experienced lawyer. During the meeting, the lawyer will review your medical records and assess whether you have a valid legal claim to compensation.

A reputable birth injury lawyer has experience in handling medical malpractice cases and knows how to assess the merits of your case. Additionally, the top lawyers have a proven record of success in court. When interviewing an attorney, inquire about the number of cases they usually take on at any given time and if they have a staff to manage their ongoing caseload. This will give you a better idea of how much attention your case will receive.

Medical Records - How to get Them

In many instances medical malpractice during labor and delivery can cause serious injuries to infants and their families. A successful lawsuit can aid in the payment of future medical needs of the child. A settlement could aid families in paying for necessary treatments and therapies.

A reputable birth injury lawyer will be knowledgeable of the laws of your state in relation to malpractice lawsuits. They should have represented clients in similar cases to yours. They may not be able to give you specific details about past verdicts or settlements because the documents that are confidential typically have provisions, but a skilled birth injury lawyer should be able give you a general idea of how they helped their clients.

Your lawyer for birth injuries will first review your medical records to determine if you have a claim. They may need to get expert testimony. This typically means speaking with other medical professionals to obtain an opinion from a professional on whether your doctor's actions violated norms of care for your baby during its birth.

If your lawyer concludes that you have a valid claim then they will bring a birth injury lawsuit against the defendants. This includes the nurse or doctor 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 expenses as well as pain and discomfort.

Gathering Evidence

Although advances in medicine have made birthing safer than ever before, mothers and infants are still at risk of complications. Accidents caused by a negligent doctor can result in the cost of medical expenses for a lifetime and hardships for families. An attorney who specializes in 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'll need to prove it. This will require looking over medical records and requesting opinions from medical experts to determine whether the treatment was consistent with accepted standards of care. Medical malpractice can involve birth trauma, obstetrical errors, and injuries sustained during labor and delivery.

An experienced injury lawyer will be able to identify most reliable witnesses and evidence to back your case. They will also have the expertise to bargain with insurance companies and also file lawsuits if needed. They are aware of the tactics that insurers use to minimize settlements, and can manage the process from beginning to finish.

A reputable birth injury lawyer will be on a contingency basis that is, they will pay all expenses related to the case and only receive a percentage of what they can win for you. This will save you money over time because you won't be paying a huge amount up front.

Filing an action

Your attorney will file a lawsuit on your behalf if they believe you have a valid claim. It is important to begin this process as quickly as you can because the longer you wait and the longer you wait, the more difficult it will be for you to construct an impressive case and win the right amount of compensation for your child.

Your lawyer will then send a letter the medical provider(s) to inform them of your malpractice claim. Then, your lawyer will discuss the matter with their insurance companies in order to settle the case. A good birth injury lawyer has the experience and expertise to be able to discern the tactics employed by insurers to reduce settlement offers.

Your lawyer can consult with financial and medical experts to determine the proper amount that should be requested in the form a damages award. The amount you request will consider the impact 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 agreement with the defendant(s) in your case, they'll take your claim to trial. This is usually conducted before a judge and jury, who decide the outcome of your claim. A successful trial can often result in a much faster settlement than a settlement.