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Why You Should Hire a Birth Injury Attorney

If your child is suffering from a birth injury that was caused by medical negligence, you may be eligible for compensation for damages. This includes past and future medical expenses, lost wages to provide care for your child, and much more.

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

Getting Started

You may be overwhelmed by the medical costs due to a baby. You will also likely be dealing with emotional trauma resulting from the fact that your child suffered an injury at birth due to negligence in the medical field.

You are entitled to file an action against the doctor or hospital who caused your child's injury However, you'll require an experienced birth injury lawyer to create an impressive case and assist you obtain a fair settlement. An experienced attorney can manage correspondence with insurance companies to file your claim and ensure you meet the statute of limitations applicable to your case.

The first step is obtaining an assessment of your case free of charge from an experienced lawyer. During the meeting the lawyer will review all medical records to determine if you have a legal claim for compensation.

A good birth injury lawyer will have experience in handling medical malpractice claims and will be able to assess the merits of your case. Additionally, the top lawyers have a proven track of court success. When interviewing an attorney, ask them how many cases they typically handle at any given time and if they have support staff to manage their ongoing caseload. This will give you a clear indication of the amount of attention your case will receive.

Finding Medical Records

In many cases medical errors during labor and delivery can cause serious injuries to infants as 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 staff, it can help families pay for needed treatments and therapies.

A good birth injury lawyer should be knowledgeable of the laws governing malpractice claims in your state. They should have handled cases similar to yours. They may not give you specific details about settlements or verdicts from the past as these documents typically contain confidentiality provisions, but a skilled birth injury lawyer should be able to provide a general idea of how they helped their clients.

Your birth injury lawyer will begin by reviewing medical records to determine whether you have a case. They may require expert testimony. This usually means consulting with other doctors 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 believes that you do have an appropriate claim the lawyer will file a birth injury lawsuit against the defendants. This usually includes the doctor who delivered your baby as in addition to any nurses or hospital personnel 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

Although advances in medicine have made the birth process safer than before, mothers and babies are still at risk of complications. The injuries caused by a medical professional's negligence can result in a lifetime of medical expenses and financial hardship for families. A birth injury lawyer can help them pursue financial settlement from the responsible medical professionals.

In order to prove that medical malpractice was the cause of the injuries, you will need to prove it. This requires looking over medical records and requesting opinions from medical experts to determine if the treatment was consistent with accepted standards of care. Injuries that can be considered medical malpractice include obstetrical errors and birth injury lawsuit trauma, as well as injuries incurred during labor and delivery.

A seasoned injury lawyer will be able identify the most reliable witnesses and evidence to back your case. They will also be competent to negotiate with insurance companies and file a lawsuit when needed. They know the tactics of pressure that insurance companies employ to cut down on settlements and can handle the entire process from start to end.

A good birth injury attorney will be able to work on a contingency fee, meaning they will cover the entire cost of your case, and only collect a portion of what they win for you. This can save you money over time since you won't have to pay a large fee up front.

Filing an action

Your attorney will file a lawsuit on your behalf if they believe you have an appropriate claim. It is important to begin this process as soon as possible, because the longer you put off and the longer it takes, the more difficult it will be for you to create an impressive case and win an appropriate amount of compensation for your child.

Your lawyer will send a letter to the medical provider(s) informing them of your malpractice claim. Your lawyer will then engage with insurance companies to resolve the matter. A skilled birth injury attorney has the experience and knowledge to know the tactics insurance companies employ to limit settlement offers.

Your lawyer can also work with medical and financial experts to determine an appropriate amount to ask for in the form of damages award. The amount will be based on the financial and emotional effects of the injury on your family. It will also include any ongoing medical treatment and estimates of cost of living.

If your lawyer is unable to reach an agreement on your case with the defendants, they will take your case to the court. This usually happens before a judge or jury, who decide the outcome of your claim. A verdict that is successful in court can often result in compensation sooner than a settlement.