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Why You Should Hire a Birth Injury Attorney If your child has suffered a birth injury caused by medical malpractice, you may be entitled to compensation for special damages. These include future and past medical costs, wages you've lost to take care of your child, and more. You must prove the medical professionals breached their duty of care to win your case. Your lawyer can help establish this through the assistance of medical experts. Getting Started As parents, you might be overwhelmed by the care of your newborn and the associated medical expenses. You could also be suffering from the emotional trauma that comes with your child's birth trauma. You are entitled to file an action against the doctor or hospital who caused your child's injury however, you'll require a skilled birth injury lawyer to create an effective case and help you negotiate an appropriate settlement. An experienced attorney can manage communication with insurance companies as well as file your claim. They can also make sure that you have met the deadlines for filing claims. The first step is to get a free case evaluation with an experienced lawyer. During this meeting the lawyer will go over your medical records and determine whether you have a valid legal claim to compensation. A reputable birth injury lawyer will have experience in handling medical malpractice cases, and is able to evaluate the merits of your case. In addition, the best lawyers have a proven track record of success in court. When interviewing an attorney inquire about how many cases they usually handle at one time and whether they have support staff to help manage their ongoing caseload. This will give you an insight into the amount of attention your case will receive. Requesting Medical Records In a lot of cases, medical malpractice during labor and birth can result in serious injuries to babies and their families. A successful lawsuit could help pay for the future needs of the child. While a settlement can't undo the harm caused by medical staff but it can help families pay for the necessary treatments and therapies. A good birth injury lawyer is well-versed in the laws that govern malpractice claims in your state. They should have been involved in cases similar to yours. They may not be able give you specific details about past verdicts or settlements because the documents that are confidential typically have clauses, but a seasoned birth injury lawyer should be able give you a general idea of the ways they assisted their clients. Your birth injury lawyer will begin by looking over medical records to determine whether you have an instance. They may need to get expert testimony. In general, this means speaking with other physicians to obtain an official opinion on whether the doctor's actions went against the standards of medical care during your child's birth. If your lawyer believes you have a legitimate case, they will make a claim against the defendants. This typically includes the doctor who delivered your baby, as well as any nurses and hospital personnel who were involved in the birth of your child. A successful lawsuit could result in compensation for your family's lost income, medical costs as well as pain and discomfort. Gathering Evidence Although advances in medicine have made birthing safer than ever before, mothers and infants have to be aware of complications. birth injury attorney ohio caused by a negligent doctor can result in an entire life of medical expenses and financial hardship for families. A birth injury lawyer can assist the injured party seek financial compensation from the responsible medical professionals. A successful claim will require proof that the injuries were the result of medical malpractice. This requires looking over medical records and requesting opinions from medical experts to determine if the treatment complied with accepted standards of care. The types of injuries that could be considered medical malpractice include obstetrical errors and birth trauma, as well as injuries sustained during labor and birth. A seasoned injury lawyer can identify the most credible witnesses and evidence to back your case. They also be able to negotiate with insurance companies and file an action if necessary. They understand the pressure tactics that insurers use to minimize settlements and are able to manage the process from beginning to the end. A good birth injury attorney will operate on a contingency-based basis which means they will pay all costs associated with the case and only receive a portion of what they can win for you. This will save you money in the long run as you don't have to be concerned about paying a upfront fee. Filing a Lawsuit If your attorney is convinced that you have a viable claim, they will initiate a lawsuit on your behalf. It is essential to begin this process as quickly as you can, since the longer you delay and the longer it takes, the more difficult it will be for you to construct an impressive case and win an appropriate amount of compensation for your child. Your lawyer will then send a letter to the medical provider(s) informing the provider of your malpractice claim. Your lawyer will then negotiate with the insurance companies to settle the case. A reputable birth injury lawyer has the experience and expertise to know the tactics employed by insurance companies to cut down settlement offers. Your lawyer can also work with financial and medical experts to determine the right amount to ask for in the form of an award of damages. The amount will consider the impact that the injury has affected your family financially and emotionally. This will include ongoing medical treatments and an estimate of the cost of living. If your lawyer cannot reach an agreement on your case with the defendants, they'll bring your case to the court. This usually happens in front a judge and jury, who will decide the outcome of your claim. A verdict that is successful in court can often provide you with the amount you need much earlier than a settlement.