Last Updated on 8 months ago by Nicky Johnson
Childbirth, while wonderful, can be a traumatic experience for both mother and baby. That trauma quickly dissipates as the two bond and become newly acquainted with each other.
When that bonding time is overshadowed by a tragic birth injury, you may find yourself in need of a competent and experienced birth injury attorney.
A large majority of birth injuries are preventable and should never happen to begin with. When the reckless negligence of medical staff leaves your baby in need of extensive medical care, you want a skilled birth injury attorney who can represent your interests and get you the compensation necessary to provide that care.
There are many ways a birth injury attorney may help their clients build a case. Here are some of the most important.
Investigation and Evidence Gathering
A skilled birth injury attorney will help you build your case by first doing an extensive investigation and talking to any witnesses that may be available.
You may have to sign some paperwork to give your birth injury attorney access to your medical records but they can typically get them much more quickly than you can as an individual.
Your birth injury attorney will consult with medical professionals and expert witnesses to see if the medical staff deviated from the expected standard of care.
The witnesses will be interviewed to find out if they may have witnessed negligence or wrongdoing which could have caused the damage to your newborn.
In some cases, liability is obvious, and the damages are undisputable. When that happens, your birth injury attorney will prepare a settlement demand letter for the malpractice insurance company.
Sometimes, that is enough and the insurance company will pay up. Other times, your birth injury attorney will need to prepare for trial.
File Suit and Litigate
If an agreement can not be reached and there is no acceptable settlement, then your birth injury attorney will begin preparing to go to trial. They will file the complaint in the appropriate court and begin the formal process of discovery.
Your birth injury attorney will prepare to litigate your case with the strongest possible argument. They will have professionally constructed exhibits and expert witnesses to testify on your behalf as well as that of your child. Your birth injury attorney will represent your interests and fight for the rights of your newborn child.
After you’ve won your verdict, your birth injury attorney will help you collect any compensation due and satisfy any liens or outstanding medical bills associated with your particular case.
Many times, a birth injury attorney will work on a contingency basis meaning they only get paid if you win. They will then take their fee out of the verdict compensation.
Partner with an Experienced Birth Injury AttorneyIf your newborn has been injured during childbirth and you suspect it is the direct result of negligence or wrongdoing by the medical staff, partner with an experienced birth injury attorney today.
A skilled birth injury attorney knows exactly what to do to help you build a strong case for compensation so you can get your newborn the very best medical care.
The right birth injury attorney will be compassionate towards your circumstances while building the strongest case possible to litigate in court.