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Why You Should Hire a Birth Injury Attorney

If your child has a birth injury resulting from medical malpractice, you could be entitled to compensation for special damages. You may be entitled to compensation for past and future medical expenses, wages you lost taking care of your child, and more.

You must demonstrate that medical professionals have violated their duty of care in order to be successful in your case. Your lawyer can assist you to prove this through the use of medical experts.

Getting Started

As a parent, you may be overwhelmed with the care of your baby and the associated medical bills. You could also be confronting the emotional trauma of the birth injury your child suffered.

You have the right to file an action against the doctor or hospital responsible for your child's injury however, you'll need an experienced birth injury lawyer to create a strong case and help you obtain an equitable settlement. An experienced attorney can manage interactions with insurance companies and help you file your claim and ensure that you have met the statute of limitations that applies to your case.

First, you must get a free evaluation of your case with an experienced lawyer. During the meeting your lawyer will go through all of your medical records to determine whether you have a valid claim for compensation.

A reputable birth injury lawyer will have experience handling medical malpractice cases and knows how to assess your case to determine if it is meritorious. The most effective lawyers also have an experience of success. Ask the lawyer what number of cases they are handling at any given time and if they have support staff to manage their cases. This will give you a better idea of the amount of attention your case will receive.

Medical Records - How to Obtain They

In many cases medical errors during labor and delivery can cause serious injuries to infants as well as their families. A successful lawsuit can help pay for future care requirements of the child. While a settlement can't undo the harm done by medical staff but it can help families pay for the necessary treatments and therapies.

A good birth injury lawyer is familiar with the laws in your state pertaining to malpractice lawsuits. They should have been involved in cases similar to yours. Although they might not be able divulge specific details of settlements and verdicts (because such documents often contain confidentiality provisions), an experienced attorney for birth injuries can give an overall view of the ways they have assisted their clients.

Your lawyer for birth injuries will first look over your medical records to determine if there is an opportunity to claim. They may need to get expert testimony. This usually involves consulting other doctors to obtain an opinion from a professional on whether your doctor's actions were in breach of usual care of your baby's birth.

If your lawyer concludes that you have a valid case, they'll start a lawsuit against defendants. This includes the doctor or nurses who delivered your child and hospital staff and other individuals involved in the birth. A successful lawsuit may get you compensation for the loss of your family's income, out-of-pocket medical expenses, and pain and suffering.

Gathering Evidence

Although medical advances have made childbirth more secure than in the past, mothers and their babies still have a chance of suffering complications. Accidents caused by a doctor's carelessness can lead to a lifetime of medical expenses and financial hardship for families. An attorney who specializes in birth injuries can help them seek financial compensation from the responsible doctors.

To prove that medical malpractice caused the injuries, you will be required to prove the injury. This involves review of medical records and opinions from medical experts to determine if the treatment complied with accepted standards of care. Medical malpractice can include birth trauma, obstetrical malpractices and injuries sustained during labor and birth.

A seasoned injury lawyer will be able identify the best witnesses and evidence to prove your case. They are also able to negotiate with the insurance companies and file a suit when necessary. They are familiar with the tactics employed by insurance companies to limit settlements, and can manage the entire process.

A skilled birth injury lawyer will be on contingency that means they take care of your expenses and only charge you a percentage if they succeed. This will save you money over time as you won't have to pay an enormous amount upfront.





Filing an action

If your attorney believes you have a viable claim, they'll file a lawsuit on your behalf. It is essential 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 an argument that is solid and secure an adequate amount of money for your child.

Your lawyer will then send a letter to the medical provider(s) informing the provider of your malpractice claim. Your lawyer will then work with insurance companies to settle the case. A good birth injury attorney has the experience and knowledge to understand the tactics insurers use to minimize settlement offers.

Your lawyer can 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 effects of the injury on your family. This will include ongoing medical treatments and an estimate of the cost of living.

If your lawyer is unable reach a settlement with the defendant(s) in your case, they'll bring your case to trial. Typically, this occurs before the jury and judge who decide the outcome of your case. A successful trial verdict will often result in compensation much quicker than an agreement.