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Why You Should Hire a Birth Injury Attorney
If your child suffers a birth injury that was caused by medical malpractice, you could be entitled to compensation for special damages. You may be entitled to compensation for your past and future medical expenses as well as wages you've lost while caring for your child and more.
You must prove the medical professionals breached their duty of care to be successful in your case. Your lawyer can help you establish this through the assistance of medical experts.
Getting Started
As parents, you might be overwhelmed with the care of your baby and the associated medical bills. You could also be coping with emotional trauma resulting from the fact that your child suffered injuries to his or her birth due negligence on the part of medical professionals.
You have the legal right to file a lawsuit to bring the hospital or doctor accountable for the injury to your child. However, you will require a birth injury lawyer with experience to help you create a strong case. They can also assist you negotiate an acceptable settlement. An experienced attorney can handle communication with insurance companies and file your claim. They will also be able to ensure that you meet the applicable statute of limitations.
The first step is to get an initial free assessment of your case with an experienced lawyer. During the meeting the lawyer will review all your medical records to determine whether you have a valid claim for compensation.
A reputable birth injury lawyer has expertise in dealing with medical malpractice claims, and know how to evaluate the merits of your case. In addition, the best attorneys have a demonstrated track record of success in court. Ask the attorney how many cases they take on at a time, and if they have support staff in place to handle their cases. This will give you a clear indication of the attention that your case will receive.
Finding Medical Records
In many instances, medical mistakes during labor and delivery can result in serious injuries to infants as well as their families. A successful lawsuit could assist in paying for the future medical needs of a child. While a settlement will not reverse the harm done by medical staff but it can help families pay for medical treatments and therapies.
A good birth injury attorney is familiar with the laws in your state with regard to malpractice lawsuits. They are also likely to have represented clients who have similar cases to yours. They may not provide specific details on settlements or verdicts that they have had in the past, as the documents that are confidential typically have provisions, but a skilled birth injury lawyer should be able give a general overview of the ways they assisted their clients.
Your lawyer for birth injuries will examine your medical records to determine whether you have an action. They may need to get expert testimony. Usually, this involves speaking with other physicians to obtain a formal opinion about whether your doctor's actions violated the standard of care during your child's delivery.
If your lawyer determines that you have a valid case, they will bring a lawsuit against the defendants. This includes the doctor or nurses who delivered your child as well as hospital personnel and other individuals involved in its birth. A successful lawsuit could earn you compensation for the loss of your family's income, out of pocket medical expenses, as well as suffering.
Gathering Evidence
While medical advances have made birthing safer than before, mothers and infants are still at risk of complications. A medical professional's negligence can result in an entire life of medical expenses and financial hardship for families. A birth injury lawyer can help clients seek financial settlement from the responsible medical professionals.
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 if the treatment complied with accepted standards of medical care. Medical malpractice can include birth trauma, obstetrical errors as well as injuries sustained during labor and delivery.
An experienced lawyer for injury can help you identify the most convincing evidence and witness testimony to support your case. They will also be in a position to negotiate with insurance companies and file a lawsuit when needed. They are aware of the strategies used by insurers to reduce settlements, and they can handle the entire process.
birth injury attorneys santa clarita will operate on contingency, which means they will pay for your expenses and only charge you a percentage of the amount if they win. This can help you save money over time because you won't have to pay an upfront fee of a significant amount.
Filing a Lawsuit
Your lawyer will file a suit on your behalf if they believe that you have an appropriate claim. It is important to begin the process as soon possible because the longer you wait for, the more difficult will be to develop a solid case and secure the right amount of compensation for your child.
The medical provider(s) will then be served with a letter from your attorney informing them of the malpractice claim. Your lawyer will then engage with insurance companies to resolve the matter. A good birth injury lawyer has experience and the knowledge to understand the strategies used by insurers to reduce settlement offers.
Your lawyer may consult with financial and medical experts to determine the right amount to request in the form a damages award. The amount will be determined based on the financial and emotional impact of the accident to your family. It will also include any ongoing medical treatment and estimates of cost of living.
If your lawyer is unable to reach an agreement in your case with the defendants, they will present your claim in court. Typically, this is done before a judge and jury who will decide the outcome of your case. A verdict that is successful in court can often mean that you receive more money than a settlement.