Why You Should Hire a Birth Injury Attorney

If your child has suffered a birth injury due to medical malpractice, you may be entitled to compensation for special damages. You may be entitled to compensation for your past and future medical expenses and wages you have lost in caring for your child, and more.

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

Getting Started

As parents, you could be overwhelmed with taking care of a baby and the associated medical costs. You could also be experiencing the emotional trauma of the birth injury of your child.

You have the right to file an action to hold the doctor or hospital accountable for the injury to your child. However, you'll need a birth injury attorney who has experience to assist you build a strong case. They can also assist you negotiate an acceptable settlement. An experienced attorney can manage the communication with insurance companies and submit your claim. They will also be able to ensure that you meet the statute of limitations applicable to you.

The first step is to get an initial free assessment of your case with an experienced lawyer. During the meeting the lawyer will go over your medical records and assess whether you have a valid legal claim to compensation.

A good birth injury attorney has experience in handling medical malpractice cases and knows how to assess your case to determine if it is meritorious. The most effective lawyers also have an established track record of success. When interviewing an attorney inquire about how many cases they usually handle at the same time, and whether they have support staff to help manage their ongoing caseload. This will give you a better idea of how much attention your case will get.

Medical Records - How to Obtain These Records

In many instances medical malpractice during labor and birth can result in serious injuries to infants and their families. A successful lawsuit can help with future medical requirements of the child. A settlement can help families pay for needed treatments and therapies.

A good birth injury attorney will be knowledgeable of the laws in your state with regard to malpractice lawsuits. They should have represented clients in cases similar to yours. While they may not be able share specific details of past settlements or verdicts (because the documents usually contain confidentiality clauses) An experienced birth injury attorney is likely to be able give an overall view of how they've helped their clients.

Your birth injury lawyer will begin by reviewing medical records to determine whether you have an instance. They may also be required to obtain expert testimony. In general, this means speaking with other doctors to get an opinion regarding whether your doctor's actions violated the standards of care during the child's birth.

If your lawyer concludes that you have a valid case, they will start a lawsuit against defendants. This usually includes the doctor who delivered your baby as along with any nurses and hospital personnel who were involved in your child's birth. A successful lawsuit could result in compensation for your family's lost income, medical costs as well as discomfort and pain.

Gathering Evidence

While advances in medicine have made the birth process safer than before, mothers and babies still face some risks of complications. The injuries that result due to a negligent doctor's carelessness can cause an unending amount of medical expenses and hardship for families. A spirit lake birth injury lawyer injury attorney can assist in obtaining financial compensation from the accountable doctors.

A successful claim requires evidence that the injuries resulted from medical negligence. That will involve looking over medical records and requesting opinions from medical experts to determine whether the treatment was in accordance with the accepted standards of care. Medical malpractice can include birth trauma, obstetrical error and birth injury attorney injuries sustained during labor and delivery.

An experienced injury attorney will be able to determine the most reliable evidence and witness testimony to back up your case. They will also be in a position to negotiate with insurance companies and file a lawsuit when necessary. They are familiar with the strategies employed by insurers to minimize settlements, and they are able to manage the entire process.

A good birth injury attorney will operate on a contingency-based basis, meaning they will cover the entire cost of your case and only collect an amount of the money they can win for you. This can save money in the long run since you won't have to pay an enormous amount upfront.

Filing an action

When your attorney believes that you have a viable claim, they'll file a lawsuit on your behalf. It is important to begin this process as quickly as you can, because 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.

The medical provider(s) will then receive the letter from your lawyer to inform them of the malpractice claim. Your lawyer will then negotiate with the insurance companies to resolve the matter. A good birth injury attorney has the experience and knowledge to navigate the tactics that insurers use to minimize settlement offers.

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

If your lawyer is not able to come to a deal with the defendant(s) in your case, they'll take your case to trial. This is usually conducted in front a judge and jury, who will decide the outcome of your case. A successful trial verdict can result in a much faster settlement than a settlement.