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Why You Should Hire a Birth Injury Attorney
You could be entitled to compensation for damages that are specific to your child suffers a birth injury as a result of medical malpractice. These could include past and future medical costs, wages you've lost to provide care for your child, and more.
You must show that medical professionals violated their duty of care to be successful in your case. Your lawyer can help establish this through the use of medical experts.
Getting Started
It is possible to feel overwhelmed by the medical costs due to a baby. You may also be suffering from the emotional trauma caused by your child's birth trauma.
You have the right to file a lawsuit to ensure that the hospital or doctor is held accountable for the harm to your child. However, you will need a birth injury attorney with years of experience to help you build a strong case. They can also help you negotiate an acceptable settlement. An experienced attorney can manage correspondence with insurance companies and file your claim and ensure that you are within the deadline for filing a claim that applies to your case.
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 medical records to determine whether you are entitled to a claim for compensation.
A good birth injury attorney has experience in handling medical malpractice claims and will know how to assess your case to determine if it is meritorious. The best lawyers also have an impressive track record of success. Ask the attorney how many cases they take on at a time and if they have a support staff to handle their cases. This will give you a better idea of the level of attention your case will receive.
Obtaining Medical Records
In a lot of cases, medical negligence during labor and delivery can result in serious injuries to babies and their families. A successful lawsuit could assist in paying for the future care needs of children. Settlements can help families pay necessary treatments and therapies.
birth injury lawsuit redwood city is familiar with the laws in your state pertaining to malpractice lawsuits. They should have been involved in cases similar to yours. They may not provide specific information about past verdicts or settlements because the documents generally contain confidentiality provisions, but a skilled birth injury lawyer should be able to provide a general idea of the ways they assisted their clients.
The lawyer for your birth injury will begin by looking over medical records to determine whether you have a case. They may require expert testimony. This typically involves speaking with other doctors to get an official opinion on whether your doctor breached the normal guidelines for your baby's birth.
If your lawyer decides that you have a valid case, they will bring a lawsuit against the defendants. This usually includes the doctor who delivered your baby, as along with any nurses and hospital personnel who were involved in the birth of your child. A successful lawsuit could result in compensation for your family’s lost income, medical expenses as well as pain and discomfort.
Gathering Evidence
While medical advances have made childbirth more secure than it was in the past, mothers and their children still have a chance of suffering complications. The injuries caused by a doctor's negligence could result in the cost of medical expenses for a lifetime and financial hardship for families. A birth injury lawyer can help the injured party seek financial settlement from the responsible medical professionals.
A successful claim requires proof that the injuries were the result of medical malpractice. That will involve looking over medical records and requesting opinions from medical experts to determine whether the treatment was in accordance with accepted standards of care. Medical malpractice can involve birth trauma, obstetrical mistakes and injuries sustained during labor and delivery.
An experienced attorney for injuries can help you identify the most effective evidence and witness testimony to support your case. They are also in a position to negotiate with insurance companies and also file a suit when necessary. They know the tactics of pressure that insurance companies employ to limit settlements, and can manage the process from beginning to end.
A good birth injury attorney will be on a contingency basis which means they will pay all costs associated with your case and will only take a portion of what they get for you. This will save you money over time because you won't be paying a huge amount up front.
Filing a Lawsuit
When your attorney believes that you have a viable claim, they'll start a lawsuit on behalf. It is essential to begin the process as soon as you can, since the longer you wait, the harder it will be for you to create an argument that is solid and secure the right amount of compensation for your child.
The medical provider(s) will then receive a letter from your lawyer informing them of the malpractice claim. Your lawyer will then meet with insurance companies to try and resolve the matter. A reputable birth injury lawyer has the experience and knowledge to know the tactics employed by insurance companies to cut down settlement offers.
Your attorney may consult with financial and medical experts to determine the right amount to request in the form of a damages award. The amount you receive will consider 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 come to a deal with the defendant(s) in your case, they will bring your claim to trial. This is usually done before a judge and jury, who will determine the outcome of your claim. A victory at trial will usually result in compensation that is much quicker than an agreement.