Alycia Rohu asked 6 months ago
Why You Should Hire a Birth Injury Attorney
You may be entitled to compensation for damages that are specific to your child is born with an injury due to medical malpractice. These include past and future medical expenses, lost wages to care for your child, and many more.
To win your claim you will need to prove that the medical experts violated their duty of care. Your lawyer can help you establish this through the use of medical experts.
Getting Started
You may feel overwhelmed by the medical bills that accompany a newborn. You could also be confronting the emotional trauma of your child’s birth trauma.
You are entitled to file a lawsuit to bring the hospital or doctor accountable for the harm to your child. However, you will need a birth injury lawyer who has the experience to help make a convincing case. They can also help you negotiate a fair settlement. An experienced attorney will be able to manage your communication with insurance companies and file your claim. They can also make sure that you’ve met the statute of limitations applicable to you.
The first step is to get an initial free assessment of your case with an experienced attorney. During the meeting your lawyer will go over all of your medical records to determine whether you have a legal claim for compensation.
A reputable birth injury lawyer is one who has handled medical malpractice claims and will know how to evaluate your case to determine if it is meritorious. Additionally, the top lawyers have a proven track of success in court. When interviewing an attorney inquire about the number of cases they usually handle at any given time and if they have a support staff to assist them in managing their current caseload. This will give you a clear idea of the level of attention your case will receive.
Obtaining Medical Records
In a lot of cases medical negligence during labor and birth can result in serious injuries to infants as as their families. A successful lawsuit may aid in the payment of future care needs of the child. While a settlement cannot undo the harm caused by medical staff however it can help families pay for needed treatments and therapies.
An experienced birth injury attorney is familiar with the laws of your state in relation to malpractice lawsuits. They should have represented clients in cases similar to yours. Although they might not be able divulge specific details of past settlements and verdicts (because such documents often contain confidentiality clauses), an experienced attorney for birth injury law firm injuries should be able to give you a broad idea of the way they have assisted their clients.
The lawyer for your birth injury will begin by looking over medical records to determine whether you have an instance. They may need to get expert testimony. Usually, this involves speaking with other doctors to get an opinion regarding whether the doctor’s actions went against the standards of care during the birth of your child.
If your lawyer concludes that you do have an appropriate claim the lawyer will file a birth injury lawsuit against the defendants. Typically, this would include the doctor who delivered your baby, as well as any nurses and hospital personnel involved in your child’s birth. A successful lawsuit can get you compensation for the loss of your family’s income, out of pocket medical expenses, and suffering.
Gathering Evidence
Although advances in medicine have made birthing safer than before, babies and mothers still face some risks of complications. A doctor’s carelessness can lead to a lifetime of medical expenses and hardships for families. A birth injury lawyer can assist the injured party seek financial compensation from responsible medical professionals.
A successful claim requires proof that the injuries were caused by medical malpractice. This involves review of medical records and opinions from medical experts to determine if the treatment was consistent with the accepted standards of care. The types of injuries that could be considered medical malpractice can include obstetrical mistakes or birth traumas, as well as injuries sustained during labor and delivery.
An experienced lawyer for birth injury lawsuit injury will be able to identify most reliable witnesses and evidence to prove your case. They will also be able to bargain with insurance firms and file a lawsuit when necessary. They are familiar with the tactics employed by insurance companies to limit settlements, and can handle the entire process.
A good birth injury lawyer will be on contingency that means they cover your expenses and only take a percentage if they prevail. This can save money over time as you won’t have to pay a huge amount up front.
Filing a Lawsuit
If your lawyer believes you have a legitimate claim, they’ll file a lawsuit on your behalf. It is important to begin this process as fast as you can, since the longer you wait and the longer it takes, the more difficult it will be for you to build an impressive case and win an adequate amount of money for your child.
Your lawyer will then send a letter to the medical provider(s) informing them about your malpractice claims. Your lawyer will negotiate with their insurance companies in an attempt to settle the claim. A good birth injury lawyer has experience and knowledge to know the tactics employed by insurance companies to cut down settlement offers.
Your lawyer can also consult with financial and medical experts to determine the appropriate amount that should be requested in the form a damages award. The amount will be determined based on the financial and emotional consequences of the injury to your family. It will also include any ongoing medical treatment and an estimate of the cost of living.
If your lawyer is unable come to a deal with the defendant(s) in your case, they will take your claim to trial. This usually happens in front a judge and jury, who will determine the outcome of your case. A successful trial can often pay you compensation sooner than a settlement.