Why You Should Hire a Birth Injury Attorney
If your child is suffering from a birth injury caused by medical malpractice, you may be entitled to compensation for special damages. You may be entitled to compensation for your past and future medical costs as well as wages you’ve lost while caring for your child, and more.
In order to win your case, you must show that medical experts violated their duty of care. Your lawyer can help you to prove this through the use of medical experts.
Getting Started
As parents, you could be overwhelmed by taking care of your newborn and the associated medical costs. You could also be dealing with emotional trauma as a result of the possibility that your child suffered an injury to their birth due to medical negligence.
You are entitled to file a lawsuit against the doctor or hospital responsible for your child’s injuries however, you’ll require an experienced birth injury lawyer to construct a solid case and help you get an appropriate settlement. An experienced attorney can handle interactions with insurance companies, file your claim, and ensure that you have met the time limit that applies to your case.
The first step is to request a free case evaluation with an experienced lawyer. During this meeting the lawyer will go over your medical records and assess whether you have a valid legal claim for compensation.
A reputable birth injury law firm injury lawyer is one who has handled medical malpractice claims and will know how to evaluate your case to determine if it is meritorious. In addition, the best attorneys have a demonstrated track of success in court. Ask the attorney how many cases they can handle at a time and if they have support staff in place to handle their caseload. This will give you a better indication of the amount of attention your case will receive.
Medical Records – How to Obtain Them
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 health needs of children. A settlement can help families pay necessary treatments and therapies.
A good birth injury lawyer is familiar with the laws in your state with regard to malpractice lawsuits. They must also have experience in representing clients in similar cases similar to yours. Although they might not be able to divulge specific details of settlements or verdicts (because such documents often contain confidentiality provisions) An experienced birth injury attorney is likely to be able give an overall view of how they’ve helped their clients.
The lawyer for your birth injury will begin by looking over medical records to determine if you have an instance. They may require expert testimony. Usually, this involves speaking with other doctors to get a formal opinion about whether your doctor’s actions violated the standards of care during the child’s birth.
If your lawyer concludes that you do have a valid claim the lawyer will bring a birth injury lawsuit against the defendants. Usually, this includes the doctor who delivered your baby, as well as any nurses and hospital personnel involved in your child’s birth. A successful lawsuit could result in compensation for your family’s lost income, medical bills and discomfort and pain.
Gathering Evidence
Although advances in medicine have made birthing safer than before, mothers and infants have to be aware of complications. Accidents that result from negligence by a doctor can result in an unending amount of medical expenses and financial hardship for families. An attorney for birth injuries can help families seek financial compensation from the responsible doctors.
In order to prove that medical malpractice was the cause of the injuries, you will need to provide proof. This involves reviewing medical records and seeking opinions from medical experts to determine whether the treatment met accepted standards of medical care. Medical malpractice could include birth trauma, obstetrical mistakes, and injuries sustained during labor firms and delivery.
A seasoned injury lawyer will be able to determine the most reliable evidence and witness testimony to back up your case. They are also competent to negotiate with insurance firms and file a lawsuit in the event of need. They are aware of the strategies used by insurance companies to reduce settlements, and can handle the entire process.
A reputable birth injury lawyer will be on a contingency basis, meaning they will cover all costs associated with your case and only collect a percentage of what they are able to win for you. This can save you money over time since you won’t be paying a huge amount up front.
Filing a Lawsuit
When your attorney believes that you have a viable claim, they will bring a lawsuit on your behalf. It’s crucial to start this process as quickly as possible, as the longer you delay and the longer you wait, the more difficult it will be to develop an effective case and win 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 discuss the matter with their insurance companies in an effort to settle the case. A skilled birth injury attorney has the experience and knowledge to understand the tactics insurers employ to reduce settlement offers.
Your attorney may also work with medical and financial experts to determine the right amount to request in the form of damages award. This amount will be based on the impact that the accident has caused your family financially and emotionally. It will also include any ongoing medical treatment and an estimate of the cost of living.
If your lawyer is unable to reach an agreement on your case with the defendants, they’ll bring your case to court. This usually takes place in front a judge and jury, who will determine the outcome of your case. A successful trial can often mean that you receive the amount you need much earlier than a settlement would.