If your child was injured during birth and you feel that your healthcare provider was negligent in any way, you should locate a birth injury lawyer for you and your family. Whether you want to simply learn about your rights in this situation or you wish to take direct action towards holding the provider responsible, you should meet with an experienced attorney to help you navigate the process. The following tips can ensure that you find the ideal lawyer to handle your concerns.
1) Look for a lawyer with experience in birth injury cases.
While a general practice lawyer can probably answer any questions you may have about your circumstances, you will discover that an attorney who specializes in birth injury cases is well suited to successfully tackle the unique nuances of these types of claims. Birth injury cases are often very intricate, so you must work with a lawyer who fully understands the complexities. Be sure to inquire how many similar cases the firm has litigated in the past. Additionally, as there are many different birth defects that can occur, it is a good idea to choose a lawyer who has a sufficient background with claims involving the particular birth injury that your child has experienced. If possible, try to find a firm that focuses on the birth injury itself because these lawyers will know how to adequately show that negligence occurred for the specific injury better than attorneys who have not investigated related claims at length.
2) Ask about the lawyer's relationship with medical professionals.
Birth injury attorneys are quite familiar with the interconnection between medical details and the law, but these lawyers will still rely on healthcare professionals to advise and build their cases. Lawyers must interact with doctors and nurses who can examine the records of the birth, recognize if mistakes were made during the procedure, and identify who was likely at fault. For this reason, the attorney you choose should have an excellent relationship with physicians and others in the field and have the capability to reach out to an expert whenever necessary. You may also want to search for a firm that has employees with medical knowledge on staff. For example, a paralegal with nursing experience can speak confidently with medical professionals and act as a second pair of eyes to look through records for information that might be vital to your case.
3) Get clarification about the firm's overall record of verdicts and settlements with birth injury cases.
Learning about a lawyer's previous results can tell you a great deal about how they might fare with your claim. A birth injury attorney with a proven record of success is likely to have the experience needed to take on a medical malpractice case. Your lawyer should be able to help you receive financial compensation to ease the costs associated with caring for your child, so it is important to select someone who can provide you with transparent information about settlement amounts awarded to prior clients. You should also ask about the lawyer's history of settling out of court versus cases going to trial. While most birth injury claims are solved with a settlement agreement and a relatively quick disbursement of funds to you, cases that go to trial can be appealed and may take years for a resolution. Be sure to gather this data before making your decision.
Finding the right birth injury lawyer for your family can help to alleviate some of the stress involved in taking legal action against a healthcare provider and ensure that your child's best interests are fairly represented.