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Why You Should Hire a Birth Injury Attorney
If your child has a birth injury that was caused by medical negligence, you may be entitled to compensation for specific damages. These could include past and future medical expenses, wages you forfeited to care for your child, and much more.
You will need to prove the medical professionals breached their duty of care in order to be successful in your case. Your lawyer can help establish this through the use of medical experts.
Getting Started
As parents, you could be overwhelmed with the care of a newborn and the associated medical expenses. You may also be dealing with emotional trauma due to the reality that your child suffered injuries to his or her birth due medical negligence.
You have the right to file a lawsuit to hold the doctor or hospital accountable for the injury to your child. However, you will need a birth injury lawyer who has the experience to help build a strong case. They can also assist you negotiate a fair settlement. An experienced attorney can manage your communication with insurance companies as well as file your claim. They can also make sure that you are within the applicable statute of limitations.
The first step is to obtain an initial free case assessment with an experienced lawyer. During the consultation your lawyer will go through all of your medical records to determine whether you are entitled to a claim for compensation.
A reputable birth injury lawyer has expertise in dealing with medical malpractice claims, and know how to evaluate the merits of your case. The best lawyers also have a track record of success. When interviewing an attorney ask them how many cases they typically manage at one time and whether they have support staff to assist in managing their ongoing caseload. This will give you an idea of the level of attention your case will receive.
Medical Records - How Do I Get Them
In many cases medical negligence during labor and delivery can result in serious injuries to infants and their families. A successful lawsuit may help to pay for the future health needs of a child. While a settlement will not reverse the harm caused by medical professionals however it can help families pay for medical treatments and therapies.
A reputable birth injury lawyer will be familiar with laws pertaining to malpractice claims in your state. They should have been involved in cases similar to yours. While they may not be able to provide specific details of previous settlements and verdicts (because these documents typically contain confidentiality clauses) An experienced birth injury lawyer can give you a broad idea of how they have helped their clients.
Your lawyer for birth injuries will initially review your medical records to determine whether you have a claim. They may also need to obtain expert testimony. This typically means speaking with other doctors to obtain a formal opinion on whether your doctor breached the normal guidelines for your baby's birth.
If your lawyer concludes that you do have an appropriate claim and they start a lawsuit for birth injuries against the defendants. This usually includes the doctor who delivered your baby, as well as nurses and hospital personnel involved in the birth of your child. A successful lawsuit could result in compensation for your family’s loss of income, medical expenses and discomfort and pain.
Gathering Evidence
Although medical advances have made childbirth much safer than in the past mothers and their infants still have a chance of suffering complications. Accidents that result due to a negligent doctor's carelessness can result in the cost of medical treatment for a lifetime and hardship for families. A birth injury lawyer can assist the injured party seek financial compensation from medical professionals who are accountable.
In order to prove that medical malpractice was the cause of the injuries, you will be required to prove the injury. That will involve review of medical records and opinions from medical experts to determine if the treatment complied with accepted standards of care. birth injury lawsuit could include birth trauma, obstetrical error as well as injuries sustained during labor and delivery.
An experienced injury attorney can identify the most reliable evidence and witness testimony to support your case. They will also have the knowledge to negotiate with insurance companies and to file lawsuits if needed. They know the tactics used by insurance companies to reduce settlements, and they are able to manage the entire process.
A reputable birth injury lawyer will be able to work on a contingency fee, meaning they will cover all costs associated with your case and only collect an amount of the money they can win for you. This can save you money in the end as you don't have to pay an upfront cost.
Filing an action
Your attorney will file a lawsuit on your behalf if they believe that you have an appropriate claim. It's crucial to start this process as quickly as feasible because the longer you sit for, the more difficult is to construct a strong case and recover fair 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 meet with insurance companies to try and settle the case. A good birth injury attorney has the expertise and experience to be able to discern the strategies insurers employ to reduce settlement offers.
Your lawyer can consult with medical and financial experts to determine the proper amount to request in the form a damages award. The amount you receive will consider the impact the injury has affected your family financially and emotionally. It will also include any ongoing medical treatments and estimates of cost of living.
If your lawyer cannot reach an agreement in your case with the defendants, they'll present your claim in court. This usually takes place before a judge or jury, who will determine the outcome of your claim. A successful trial can often provide you with the amount you need much earlier than a settlement would.
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