A birth injury attorney practices personal injury law but has a special interest in helping families after medical malpractice has caused an injury during, or soon after, delivery. Some of the ways an injury lawyer can help include:
Evaluating your case: Proving medical malpractice requires evidence, such as medical records, expert opinions, and witness statements. A lawyer who is familiar with birth injury cases can evaluate the strength of your case as well as the damages you might expect.
Negotiating with insurers: In a typical birth injury case, your lawyer writes to the medical providers to inform them of the malpractice claim. The medical providers then work with their malpractice insurers to respond to your lawyer’s letter. Before filing a lawsuit, a lawyer will likely negotiate with the insurers to try to settle the case. Lawyers have the experience and knowledge to navigate the pressure tactics insurers use to minimize settlements.
Litigating against medical providers: When a settlement cannot be reached, an injury lawyer gathers the evidence to persuade a jury of the medical providers’ negligence and obtain a damages award that will compensate your child for the injuries suffered during birth.