The goal of a medical malpractice birth injury lawsuit is to hold healthcare professionals accountable for their actions. A successful claim requires hard evidence of negligence, demonstrating that the doctor’s actions deviated from the accepted standard of care.

An experienced Birth Injury Law Firm can help you prove this. They also know how to negotiate with malpractice insurers, navigating the tactics they often use to minimize settlement amounts.

They Gather Evidence

Childbirth is a very complicated procedure with numerous risks for both mother and infant. Parents expect medical professionals to act with the utmost care in order to avoid mistakes that could have lifelong consequences. When healthcare providers display negligence during childbirth, victims must rely on the services of an experienced birth injury law firm to file a medical malpractice lawsuit against them and recover compensation for their losses.

Developing a strong medical malpractice case requires gathering evidence such as hospital records, X-rays and lab results, testimony from medical experts, videos of the incident, witness statements, income statements, and documents pertaining to medical treatments and care. Birth injury lawyers know where to look for this evidence and how it relates to each element of the claim: a provider-patient relationship, adherence to the medical standard of care, breach of that standard, causation, and damages.

A legal team will use this evidence to build a case that proves the healthcare professional’s actions were negligent or careless and that those actions directly led to your or your child’s injuries. They must also establish that you suffered both economic and non-economic damages. These may include past and future medical expenses, lost income potential, therapy costs, disability accommodations, pain and suffering, and mental trauma.

The burden of proof in a medical malpractice lawsuit falls on the plaintiff, and this is why it is crucial to hire a birth injury law firm with national reach. They have a better understanding of how laws in different states may affect your case and how to file the lawsuit within any state’s statute of limitations.

In many cases, the defendants in a medical malpractice lawsuit will offer a settlement to resolve the matter before trial. Birth injury lawyers negotiate with the insurance companies in an effort to recover a fair settlement for their clients. If a settlement is not reached, they will represent their client in court and present the strongest possible case to the jury. If a jury finds in favor of the plaintiff, they will award the appropriate amount of damages for their client’s loss.

They Negotiate With Insurance Companies

You wouldn’t entrust open heart surgery to a general practitioner, and you shouldn’t hire just any lawyer to handle your birth injury case. You need a firm that is experienced in medical malpractice cases specifically related to childbirth and has the resources to win your case.

Birth injury law firms help families file a claim against the medical professionals responsible for their child’s injuries during the birthing process and then fight to get them fair compensation. This can include payment for past and future medical expenses, ongoing physical or mental therapy costs, loss of income, pain and suffering, and a diminished quality of life.

Insurance companies are notorious for trying to lowball claims. They know that your family is struggling with a lot already, and they will use this desperation to push you into accepting less than your case is worth. A top birth injury law firm will not let this happen and will fight aggressively to ensure you get the maximum amount possible for your claim.

Many birth injury attorneys will work with a network of medical experts to build a strong case on behalf of their clients. These professionals may be called on to give witness testimonies, analyze the medical records and data involved in a case, and provide additional insights into what went wrong during labor and delivery.

If a medical error resulted in your child’s birth injury, it is important to document as much evidence as possible to support your claim. Your birth injury lawyer will be able to guide you through this process and help you gather all necessary documents, including your child’s medical records, witness testimony, and other relevant information.

The best birth injury lawyers will have access to a network of labor and delivery nurses who can help them understand what could have gone wrong during your child’s birth. They will also have access to comprehensive medical databases that can be used to prove your case. This is why it is so important to choose a birth injury law firm that has experience handling big cases and a track record of winning.

They Prepare For Trial

If your child suffered a birth injury due to medical negligence or malpractice, it may be possible to win financial compensation. This money can help pay for your child’s medical expenses, therapies, equipment, and other needs. While it cannot undo the damage that was caused, it can reduce your family’s financial burden and allow them to live a more comfortable life.

A good birth injury law firm will work to build a strong case for your claim and gather evidence from multiple sources. This includes collecting medical records, securing expert opinions, and identifying the policies or protocols that were violated. This is called collective evidence and it’s essential to prove your claims in court.

As the trial approaches, your legal team will prepare for it by negotiating with the defendants (typically the medical professionals involved in your child’s delivery). This part of the process is known as discovery. Your lawyer will ask for documents, records, and testimony from both sides to understand their position in the case and determine how strong it is.

After your lawyer has gathered all the evidence, they will meet with you to discuss what is needed to win the case. Your attorney will explain your rights and recommend any settlement options that are available to you. They will also take into account any future expenses that your child will incur because of their birth injury and the income you have lost due to your time spent caring for them.

During the trial, your legal team will present their case in front of a judge or jury. They will argue that the medical professionals acted negligently, and that their mistakes directly led to your child’s injuries. They will also provide evidence to support their argument and prove the injuries were preventable.

When choosing a birth injury lawyer, it’s important to find one that has experience handling these types of cases. It’s even better to choose a national firm with offices nationwide that can handle a wide range of medical malpractice cases. They have access to on-staff medical experts, nurse case managers, and a multitude of medical data that can strengthen your claim.

They Negotiate A Settlement

Throughout the entire pregnancy and delivery process, you placed trust in your medical team to keep you and your child as safe as possible. However, sometimes medical professionals make errors during labor that can cause birth injuries. When these mistakes are due to negligence, it is important to hold them accountable so you can receive the compensation you need to live a full life.

A birth injury attorney can help you file a claim against the hospital or doctor who committed malpractice and secure financial compensation to cover your losses. They begin by thoroughly investigating the case to build a strong foundation including evidence such as medical records, witness testimonies, and expert opinions. They may also collaborate with other healthcare experts to strengthen the validity of their client’s claims.

Once they have a sufficient amount of evidence, they can start negotiating with insurance companies on their client’s behalf. They will present the facts of the case in a compelling manner to get their clients the fair financial compensation they deserve. This includes damages such as past and future medical expenses, therapy costs, disability costs (such as power wheelchairs), and loss of income due to time missed from work as a result of the injuries.

The process of determining how much a victim deserves can be long and difficult. A skilled birth injury lawyer can assess the strength of their client’s case and determine the best time to initiate settlement negotiations. These discussions can happen even before filing a formal lawsuit, during pre-trial proceedings, or at any point during the litigation process.

In many cases, a settlement can be reached without going to trial. However, if negotiations are unsuccessful or the defendant refuses to pay a fair settlement, your lawyer will need to file a lawsuit against them in court. This will require extensive depositions and expert witnesses, and the case will likely take years before it is resolved. If a jury determines that the defendant was negligent, the victim will be awarded punitive damages. This is designed to punish the defendant and deter them from making similar mistakes in the future.