For any parent, a birth injury of your child can be one of the most difficult and emotional experiences you’ll ever have to face. Even if your child’s birth injury isn’t life-threatening, it may be life-changing. A birth injury can cause significant, long-term health issues that will necessitate medical and life-care services for the remainder of the child’s lifetime. Aside from the emotional challenges of caring for a child with birth injuries, the medical and life-care expenses may add a substantial financial burden. Gathering the proper documentation and information early on can help you get the compensation you deserve for your birth injury case.
Because birth injury cases are difficult to prove, gathering the right documents, information, and evidence will improve your chances of obtaining the financial compensation you and your child need to live a healthy and happy life. Before filing a birth injury claim, you will benefit from consulting with an experienced birth injury lawyer from Portland, Maine to assist you with your case.
What Evidence Can Maximize the Chances of a Successful Claim?
While filing a birth injury lawsuit may appear straightforward to some, these cases are almost always contentious and difficult to prove. Medical malpractice cases are vigorously defended by hospitals, doctors, and insurance companies. To win, you will have to be able to prove precisely what medical care was negligent and how this negligence caused your child’s birth injury.
To build a successful case requires gathering and understanding all of the medical documentation relating to the prenatal care, birth and delivery and postnatal period. This will include the child’s medical records as well as the mother’s records. It will also include imaging studies and printouts of the electronic fetal monitor, the device that records the fetal heart rate throughout the labor and delivery.
Beyond the medical records, there may be other documents that will be helpful in proving the case. Personnel and training records for the medical providers involved in the care will help show whether all personnel were adequately trained. Hospital policies and procedures will assist in identifying whether policies were violated. Audit trail and phone records may help demonstrate when a particular provider was called in and arrived at the hospital in the case of an emergency. Records of the child’s medical and life-care needs following birth will help to prove the child’s ongoing and future medical and life-care needs.
Even with all this documentation and information, expert witnesses will be required to testify about the negligence and the cause of the birth injury. A birth injury lawyer from Portland can work with you to make sure you have all the documentation, information, and evidence needed to present a strong case.
What Can Give Me the Best Chance of Winning My Birth Injury Case?
Proving that medical malpractice was the cause of your child’s birth injuries can be difficult without the right legal representation. Even gathering the documents and information you will need to prove the case can be impossible without help. The right medical malpractice and personal injury lawyer will work aggressively to ensure that you have the evidence you need to build a strong birth injury case.
One of the most effective ways to build a strong case is by hiring a personal injury lawyer from Portland who will assist you and do what is needed to win your case. Whether it is carefully reviewing evidence or investigating the circumstances surrounding your child’s birth, you and your child may be able to have a more financially secure and stable future if you make the decision to find the right lawyer to help you with your birth injury case.
Is There a Fixed Amount of Compensation I’ll Receive for a Successful Claim?
For parents of a birth-injured child, getting the compensation necessary to provide for the future is critically important. From physical therapy to medical and life-care needs to prescription medications, providing the care for your injured child can be prohibitively expensive.
There is no fixed amount of compensation for a child in a birth injury case. What you are able to recover will depend upon many factors, including the extent of your child’s birth injuries, the child’s life expectancy, the cost of the medical and life-care services needed, and other intangible factors. The goal of the lawyer is to assemble the evidence relating to all of these factors and to obtain the maximum about of compensation available for you and your child.
Can a Medical Malpractice Attorney Help Me Put Together a Strong Case?
If your child suffered birth injuries resulting from medical malpractice, hiring the right lawyer will make an enormous difference in your ability to succeed with a case. Having a lawyer who is experienced, prepared, and knows what to expect after filing a birth injury claim will give you a competitive advantage as your case moves through the process of litigation. A Portland personal injury lawyer with experience in handling birth injury cases will provide you and your family with the legal support you need to get the best result in your birth injury case.