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Why You Should Hire a Birth Injury Attorney

You could be eligible for compensation for special damages if your child is born with an injury as a result of medical negligence. This includes past and future medical expenses, wages you forfeited to care for your child, and much more.

To be successful in your claim, you will need to prove that medical experts violated their duty of care. Your lawyer can aid you in proving this using medical experts.

Getting Started

As parents, you might be overwhelmed by taking care of your newborn and the associated medical bills. You could also be experiencing the emotional trauma caused by your child's birth injury.

You are entitled to bring an action against the hospital or doctor accountable for the injury to your child but you'll need an experienced birth injury lawyer to help you build a strong case and help you get an appropriate settlement. An experienced attorney can handle correspondence with insurance companies to file your claim and ensure that you meet the time limit that applies to your case.

The first step is to get a free evaluation of your case by an experienced attorney. During the meeting, your lawyer will review all medical records to determine whether you have a legal claim for compensation.

A good birth injury attorney is one who has handled medical malpractice claims and will know how to evaluate your case for merit. Additionally, the top attorneys have a demonstrated track record of success in court. Ask the lawyer what number of cases they are handling at a time, and if they have support staff in place to handle their cases. This will give you a better idea of the amount of the attention your case will receive.

Medical Records - How to get Them

In many instances medical negligence during labor and birth can cause serious injuries to infants and their families. A successful lawsuit can help pay for future care requirements of the child. While a settlement will not reverse the harm done by medical staff however, it can assist families pay for needed treatments and therapies.

An experienced birth injury attorney will be familiar with the laws in your state with regard to malpractice lawsuits. They must also have experience in representing clients in similar cases to yours. They might not be able provide specific details regarding settlements or verdicts from the past as such documents usually contain confidentiality clauses, but a seasoned birth injury lawyer should be able to give you a general idea of how they helped their clients.

Your lawyer for birth injuries will examine your medical records to determine if you are entitled to an opportunity to claim. They may require expert testimony. This typically involves speaking with other medical professionals to obtain an official opinion on whether your doctor's actions were in breach of normal guidelines for your baby's birth.

If your lawyer determines that you have a valid claim and they file a birth injury lawsuit against the defendants. Usually, this includes the doctor who delivered your baby, as well as 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 bills and pain and discomfort.

Gathering Evidence

While advances in medicine have made birthing safer than ever before, mothers and infants still face some risks of complications. Accidents caused by a doctor's carelessness can lead to the cost of medical expenses for a lifetime and financial burdens for families. An attorney who specializes in birth injuries can assist them in obtaining financial compensation from the accountable doctors.

A successful claim will require proof that the injuries resulted from medical malpractice. That will involve studying medical records and seeking opinions from medical experts to determine if the treatment was in accordance with accepted standards of care. Injuries that can be considered medical malpractice are obstetrical error and birth trauma, as well as injuries incurred during labor and delivery.

A seasoned injury lawyer can identify the most reliable witnesses and evidence to help your case. They are also capable of negotiating with insurance companies and file a lawsuit when necessary. They understand the pressure tactics that insurance companies employ to cut down on settlements and are able to manage the process from beginning to completion.

A competent birth injury lawyer will operate on contingency that is, they'll pay for your expenses and only charge you a percentage of the amount if they prevail. This could save you money in the end since you don't need to pay an upfront cost.

Filing an action

Your lawyer will file a lawsuit on your behalf if they believe that you have an unsubstantiated claim. It is crucial to begin the process as soon possible since the longer you put off longer, the more difficult it is to construct a solid case and secure fair compensation for your child.

The medical provider(s) will then be served with an email from your lawyer to inform them of the malpractice claim. Your lawyer will then engage with insurance companies to settle the case. A skilled birth injury law firms injury attorney has the knowledge and experience to be able to discern the strategies insurers employ to reduce settlement offers.

Your attorney may consult with medical and financial experts to determine the right amount to request in the form a damages award. The amount will consider the impact that the accident has caused your family financially and emotionally. It will also include any ongoing medical treatment and a cost of living estimate.

If your lawyer is not able to reach a settlement in your case with the defendants, they will bring your case to court. Most often, this is done in front of an impartial jury and a judge who then decide on the outcome of your case. A victory at trial will usually result in compensation that is much quicker than a settlement.