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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 negligence. This includes past and future medical costs, wages you've lost to take care of your child, as well as other damages.

You will need to show that medical professionals violated their duty of care in order to win your case. Your lawyer can help you establish this through the use of medical experts.

Getting Started

As parents, you could be overwhelmed by the care of a baby and the associated medical bills. You could also be confronting the emotional trauma that comes with your child's birth trauma.

You are entitled to file an action against the doctor or hospital who caused your child's injury, but you will require a skilled birth injury attorney to build an impressive case and assist you obtain an equitable settlement. An experienced attorney can handle correspondence with insurance companies to file your claim and ensure that you are within the time limit that applies to your situation.

The first step is to obtain an initial free case assessment with an experienced lawyer. During the meeting, the lawyer will review your medical records and assess whether you have a valid legal claim for compensation.

A reputable birth injury lawyer will have experience with medical malpractice claims and will know how to evaluate your case to determine if it is meritorious. Additionally, the top attorneys have a track of success in court. Ask the attorney how many cases they handle at a time, and if they have a support staff to handle their caseload. This will give you an idea of how much attention your case will get.

Medical Records - How to Obtain They

In a lot of cases, medical malpractice during labor and delivery can cause serious injuries to infants and their families. A successful lawsuit may help pay for the future care needs of a child. Settlements can help families pay necessary treatments and therapies.

A good birth injury lawyer should be aware of the laws regarding malpractice claims in your state. They should have represented clients in cases similar to yours. Although they may not be able divulge specific details of previous settlements and verdicts (because such documents often contain confidentiality clauses), an experienced birth injury attorney will be able to provide you a general sense of how they have helped their clients.

Your lawyer for birth injuries will first look over your medical records to determine if there is a claim. They may also have to obtain expert testimony. This typically involves speaking with other doctors to obtain an opinion from a professional on whether your doctor's actions violated norms of care for your baby during its birth.

If your lawyer concludes that you have an appropriate claim the lawyer will file a birth injury lawsuit against the defendants. This includes the doctor or nurses who delivered your child and hospital staff as well as any other persons involved in its birth. A successful lawsuit could result in compensation for your family's loss of income, medical expenses and pain and discomfort.

Gathering Evidence

While advances in medicine have made childbirth much more secure than in the past mothers and babies are at risk of complications. Injury resulting from a doctor's negligence can result in a lifetime of medical costs and financial hardship for families. An attorney for birth injuries can assist them in obtaining financial compensation from the accountable doctors.

A successful claim will require proof that the injuries were the result of medical malpractice. This will require review of medical records and opinions from medical experts to determine if the treatment complied with the accepted standards of care. Medical malpractice can involve birth trauma, obstetrical error, and injuries sustained during labor and delivery.

An experienced lawyer for injury can help you identify the most convincing evidence and witness testimonies to prove your case. They also have the experience to negotiate with insurance firms and file an action if necessary. They are aware of the strategies used by insurers to reduce settlements, and can manage the entire process.

A reputable birth injury lawyer will be on a contingency basis which means that they will cover the entire cost of your case, and only collect a percentage of the amount they get for you. This can save money in the long run since you won't be paying an enormous amount upfront.

Filing an action

Your attorney will file a lawsuit on your behalf if they believe you have an unsubstantiated claim. It is crucial to start the process as soon as you can, because the longer you wait, the harder it will be for you to build an effective case and receive an appropriate amount of compensation for your child.

The medical provider(s) will then be served with the letter from your lawyer informing them of the malpractice claim. Your lawyer will negotiate with their insurance companies in an effort to settle the claim. A good birth injury attorney has the knowledge and experience 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 ask for in the form of damages award. This amount will be calculated based on the financial and emotional impact of the accident to your family. It will also include any ongoing medical treatment and a cost of living estimate.

If your lawyer fails to negotiate an agreement on your case with the defendants, they will take your case to court. This usually takes place in front a judge and jury, who decide the outcome of your claim. A victory at trial will usually result in compensation much sooner than a settlement.