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Why You Should Hire a Birth Injury Attorney If your child has a birth injury that was caused by medical malpractice, you may be entitled to compensation for specific 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 prove that medical professionals did not fulfill 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 You may feel overwhelmed by the medical costs for a newborn. You may also be experiencing the emotional trauma caused by your child's birth trauma. You have the right to bring an action against the hospital or doctor accountable for the injury to your child, but you will require a skilled birth injury lawyer to help you build a solid case and help you negotiate a fair settlement. An experienced lawyer will be able to manage your communication with insurance companies and submit your claim. They will also be able to ensure that you have met the applicable statute of limitations. The first step is to obtain an assessment of your case free of charge from an experienced lawyer. During the meeting the lawyer will go over your medical records and assess whether you have an appropriate legal claim for compensation. A good birth injury attorney has experience in handling medical malpractice cases and will know how to assess the merits of your claim. The most effective lawyers also have an impressive track record of success. Ask the lawyer how many cases they take on at one time and whether they have a support staff to handle their cases. This will give a better indication of the attention that your case will receive. Medical Records – How to get These Records In a lot of cases medical negligence during labor and birth can result in serious injuries to infants and their families. A successful lawsuit can assist in paying for the future medical needs of a child. While a settlement can't undo the harm done by medical staff but it can help families pay for the necessary treatments and therapies. A reputable birth injury lawyer will be knowledgeable of the laws in your state with regard to malpractice lawsuits. They are also likely to have represented clients in similar cases to yours. They may not provide specific information about settlements or verdicts in the past because these documents typically contain confidentiality clauses, but a seasoned birth injury lawyer should be able provide a general idea of the ways they assisted their clients. Your lawyer for birth injuries will initially review your medical records to determine if there is an opportunity to claim. They may also be required to get expert testimony. Generally, this involves consulting with other physicians to obtain an official opinion on whether your doctor violated the standards of care during the birth of your child. If your lawyer concludes that you have a valid claim the lawyer will initiate a birth injury lawsuit against the defendants. This includes the nurse or doctor who delivered your child, as well as hospital personnel as well as any other persons who were involved in the birth. A successful lawsuit could result in compensation for your family's loss of income, medical expenses and pain and discomfort. Gathering Evidence Although advances in medicine have made birthing more secure than ever before, babies and mothers have to be aware of complications. The injuries that result from negligence of a doctor could cause a lifetime of medical costs and financial hardship for families. A birth injury lawyer can help clients seek financial compensation from medical professionals responsible for the injury. In order to prove that medical malpractice caused the injuries, you'll need to prove it. This will require looking over medical records and requesting opinions from medical experts to determine whether the treatment was consistent with accepted standards of care. Medical malpractice can include birth trauma, obstetrical mistakes, and injuries sustained during labor and delivery. An experienced lawyer for injury will be able to identify the most reliable witnesses and evidence that support your case. They will also be able to negotiate with insurance companies and file a lawsuit when necessary. They know the tactics used by insurers to reduce settlements and handle the entire process. A good birth injury lawyer will work on contingency that is, they'll pay for your expenses and only take a percentage if they are successful. This can save you money over the long term because you don't have worry about paying an upfront fee. Filing an action Your lawyer will file a suit on your behalf if they believe you have an appropriate claim. It is crucial to start the process as soon as you can, since the longer you put off, the harder it will be for you to create an argument that is solid and secure an appropriate amount of compensation for your child. The medical provider(s) will then be served with the letter from your lawyer to inform them of the malpractice claim. Your lawyer will then meet with insurance companies to try and settle the case. birth injury law firm dothan has the expertise and experience to be able to discern the tactics employed by insurers to reduce settlement offers. Your lawyer could also work with financial and medical experts to determine the best amount to ask for in the form of an award for damages. The amount you receive will be based on the impact that the accident has affected your family financially and emotionally. It will also include any ongoing medical treatments and a cost of living estimate. If your lawyer fails to negotiate a settlement with the defendant(s) in your case, they will bring your case to trial. Most often, this is done before jurors and judges who decide the outcome of your case. A successful trial verdict can often provide you with more money than a settlement would.