For most families, the expectation of a new addition means great joy. Sadly, there are times when this elation ends suddenly when the mother or baby suffers harm because of something that the medical personnel did or did not do, known as medical malpractice.
If you feel that your baby’s birth injury occurred as a result of malpractice then you should consult a birth injury attorney as soon as possible after the event.
The problem for most people is that there are so many law firms around today, that it is difficult to know what things they should be looking for in a birth injury or malpractice attorney.
When looking for a birth injury attorney, it is vital that the attorney have previous experience with malpractice.
This track record will be your way to gauge how likely it is what you will receive a fair settlement in your case.
It might sound attractive to retain the services of a smaller legal firm, but malpractice cases can often become quite costly, and malpractice attorneys do not receive pay unless you receive a settlement.
The increased resources of a larger legal firm mean that they will be more able to incur these expenses until a decision is made on your case.
Generally, an attorney will be able to keep you abreast of developments in your case via email if you like. When your deposition is held, the birth injury attorney will be there with the attorneys of the party you are suing.
You would be wise to avoid working with several inexperienced lawyers, as can sometimes happen with big legal services, and instead seek the one-on-one attention of a single attorney.
If you are unable to reach an agreement with the party you are suing, some law firms have dedicated lawyers with trial experience, who are used for trials exclusively, and your lawyer will be there if your case does go to trial.
It is important that you tell the firm if you would rather have your own attorney attend trial.
Consider speaking with the attorney about how much they think you may receive in a settlement.
It is normal that an attorney would give you a figure that you might want to expect; they may just have to work a little harder.
More to the point, you don’t want a lawyer who thinks that your case is not worth much in terms of compensation because they may not fight for it.
It would be wise to ask for a pamphlet or report of the firm’s case history, when you initially meet with the birth injury attorney, to give you an idea of what you can look forward to.
Medical malpractice lawsuits need the evidence of expert witnesses on the expected standard of care and where that was faulty, and whether the defendant had a duty of care. Generally speaking, because the hopital admitted you in the first place, no further evidence will be necessary to prove hat they had a duty to care for you.
The fact that there was a birth injury, and that it resulted from an act or omission by the hospital, who had a duty to care for you, is what you will need to prove to the court as the plaintiff in this case.