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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 is born with an injury as a result of medical malpractice. You could be entitled to compensation for your past and future medical costs, wages you lost to care 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 in proving this by utilizing medical experts.
Getting Started
You may be overwhelmed by the medical costs associated with a newborn. You could also be experiencing the emotional trauma of your child's birth trauma.
You have the right file a lawsuit to ensure that the hospital or doctor is held accountable for the harm to your child. However, you'll require a birth injury attorney with years of experience to help you create a convincing case. They can also help you negotiate a fair settlement. An experienced attorney can manage communication with insurance companies as well as file your claim. They can also ensure that you have met the statute of limitations applicable to you.
The first step is to request a free case evaluation with an experienced lawyer. In this meeting the lawyer will go over your medical records and determine whether you have an adequate legal claim to compensation.
A good birth injury attorney will have experience with medical malpractice claims and know how to assess your case to determine if it is meritorious. Additionally, the top lawyers have a proven record of success in court. When interviewing an attorney inquire about how many cases they usually take on at one time and whether they have a support team to assist in managing their ongoing caseload. This will give you a clear indication of the amount of attention your case will receive.
Requesting Medical Records
In a lot of cases medical errors during labor and delivery can result in serious injuries to infants as well as their families. A successful lawsuit may help to pay for the future needs of a child. While a settlement won't reverse the harm caused by medical professionals but it can help families pay for necessary treatments and therapies.
A reputable birth injury lawyer is familiar with the laws in your state that pertain to malpractice lawsuits. They should have represented clients in cases similar to yours. While they may not be able share specific details of previous settlements or verdicts (because such documents often contain confidentiality provisions), an experienced birth injury attorney should be able to give you a general sense of how they've helped their clients.
Your lawyer for birth injuries will first review your medical records to determine if you are entitled to an opportunity to claim. They may require expert testimony. Generally, this involves consulting with other doctors to get an opinion regarding whether your doctor violated the standard of care during your child's delivery.
If your lawyer believes that you have a valid claim then they will bring a birth injury lawsuit against the defendants. This includes the doctor or nurses who delivered your child, and hospital staff and anyone else involved in its birth. A successful lawsuit can bring you compensation for your family's lost income, out-of-pocket medical expenses, as well as suffering.
Gathering Evidence
While advances in medicine have made childbirth much more secure than it was in the past, mothers and their babies still face some risk of complications. The injuries caused by a doctor's negligence could result in the cost of medical expenses for a lifetime and hardships for families. An attorney who specializes in birth injuries can assist them 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 requires studying medical records and obtaining opinions from medical experts to determine if the treatment was up to the standard. Medical malpractice can involve birth trauma, obstetrical errors and injuries that occur during labor and delivery.
An experienced attorney for injuries can help you identify the best evidence and witness testimonies to back up your case. They will also have the knowledge to bargain with insurance companies and to file an action when needed. They understand the pressure tactics that insurers use to minimize settlements and will be able to handle the process from start to end.
A reputable birth injury lawyer will operate on a contingency-based basis that is, they will pay the entire cost of the case and only receive an amount of the money they can win for you. This can save you money over time as you won't have to pay a large fee up front.
Filing a Lawsuit
Your lawyer will file a lawsuit on your behalf if they believe you have a valid claim. It is crucial to start this process as fast as you can because the longer you wait and the longer it takes, the more difficult it will be for you to make 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 lawyer informing them of the malpractice claim. Your lawyer will then meet with insurance companies to resolve the matter. A reputable birth injury lawyer has experience and knowledge to know the tactics employed by insurers to minimize settlement offers.
Your lawyer may also collaborate with financial and medical experts to determine the best amount to request in the form of an award for damages. The amount you receive will be based on the impact the injury has caused your family financially and emotionally. It will also include any ongoing medical treatments and a cost of living estimate.
If your lawyer is not able to reach a settlement agreement with the defendant(s) in your case, they'll bring your claim to trial. Typically, this is done before an impartial jury and a judge who will then decide the outcome of your case. A verdict that is successful in court can often provide you with the amount you need much earlier than a settlement.
