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Why You Should Hire a Birth Injury Attorney
If your child has a birth injury caused by medical malpractice, you may be entitled to compensation for specific damages. You may 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 will need to demonstrate that medical professionals have violated their duty of care in order to be successful in your case. Your lawyer can help you to prove this through the use of medical experts.
Getting Started
You may feel overwhelmed by the medical expenses that accompany a newborn. You could also be dealing with emotional trauma from the reality that your child suffered a birth injury due to negligence on the part of medical professionals.
You are entitled to file a lawsuit to ensure that the hospital or doctor is held accountable for the injuries to your child. But, you'll need a birth injury attorney with years of experience to help you create a convincing case. They can also assist you negotiate an acceptable settlement. An experienced attorney can manage the insurance companies' communications, file your claim, and ensure that you are within the statute of limitations applicable to your case.
First, you should get an evaluation for free of your case with an experienced lawyer. During the meeting the lawyer will go over your medical records and determine whether you have a valid legal claim to compensation.
A good birth injury attorney is one who has handled medical malpractice cases and will know how to assess your case for merit. The top lawyers also have an established track record of success. Ask the lawyer how many cases they handle at one time and whether they have support staff in place to handle their cases. This will give you a better idea of the amount of attention your case will receive.
Obtaining Medical Records
In a lot of cases, medical malpractice during labor and birth can result in serious injuries to babies and their families. A successful lawsuit could help pay for future care requirements of the child. While a settlement won't reverse the harm done by medical staff, it can help families pay for necessary treatments and therapies.
A reputable birth injury lawyer will be well-versed in the laws that govern malpractice claims in your state. They should have represented clients in similar cases to yours. Although they may not be able to divulge specific details of previous settlements and verdicts (because these documents typically contain confidentiality provisions), an experienced birth injury attorney can give you a general idea of the way they have assisted their clients.
The birth injury lawyer you choose to hire will begin by looking over medical records to determine whether you have an instance. They might also need to get expert testimony. This typically means speaking with other physicians to get a formal opinion on whether your doctor's actions were in breach of standard care during your baby's birth.
If your lawyer believes that you have a valid claim then they will initiate a birth injury lawsuit against the defendants. Typically, this would include 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 result in compensation for your family's loss of income, medical expenses and discomfort and pain.
Gathering Evidence
While advances in medicine have made childbirth safer than it was in the past, mothers and their babies still have some risks of complications. Injury resulting from a doctor's negligence can cause the cost of medical treatment for a lifetime and hardship for families. An attorney for birth injuries can help them seek financial compensation from the accountable doctors.
To prove that medical malpractice caused the injuries, you'll be required to prove the injury. This involves review of medical records and opinions from medical experts to determine whether the treatment was in accordance with accepted standards of medical care. Acute injuries that are deemed medical malpractice include obstetrical errors or birth trauma as well as injuries sustained during labor and birth.
An experienced injury attorney will be able to determine the most reliable evidence and witness testimony to back up your case. They will also be capable of negotiating with insurance companies and file a suit when necessary. They are familiar with the tactics employed by insurers to reduce settlements, and can handle the entire process.
A reputable birth injury lawyer will be able to work on a contingency fee which means that they will cover the entire cost of your case and will only take a portion of what they are able to win for you. This can save money over time because you won't have to pay an enormous amount upfront.
Filing an action
Your lawyer will file a suit on your behalf if they believe that you have an adequate claim. It is important to begin the process as soon as you can because the longer you wait in the process, the more difficult it'll be for you to create a solid case and get the right amount of compensation for your child.
The medical provider(s) will then be served with a letter from your attorney to inform them of the malpractice claim. Your lawyer will then engage with insurance companies to try and resolve the matter. A good birth injury lawyer has the experience and knowledge to navigate the tactics used by insurers to reduce settlement offers.
Your lawyer can 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 consider how much impact the accident has caused 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 fails to come to a deal with the defendant(s) in your case, they'll take your claim to trial. This usually takes place before a judge and jury, who will decide the outcome of your claim. A successful trial can often result in compensation much sooner than a settlement.
