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Hiring a lawyer is among the best decisions that you can make before handling a birth injury case resulting from a medical error. The child birth injury lawyer you hire plays different roles in the case, which increases the chances of meeting your goals. You should, however, remember that as much as you might be having a legal expert working with you, for effectiveness, the right information must be provided. Below are some of the things that you should tell your lawyer before filing the case.
Reasons You Want to File the Case
While most people want justice to be served, others might be looking for financial gains from the birth injury claims. Let the lawyer understand the real reasons you are filing the case. Building a case around your wants and objectives becomes easier. The lawyer should also understand how far the proceedings should go – trials or settlement negotiation.
The Extent of Damage Caused by Birth Injury
You should understand that the damages and pain caused by the birth injuries are felt by both the patient and the parent or family. While medical analysis will be done to ascertain the damages and pain the child goes through, the lawyer should know the social and financial damages. Let the lawyer know what you, as the parent or the family goes through. Job loss, stigma, medical expenses, and emotional pain are among the damages the lawyer should know.
Proof of Treatment and Medical Care
Before you decide to file a case against the defendant, make sure that the birth injury lawyer has information, documents, and medical records on the patient’s treatment and medical care. With such information, it becomes easier for the lawyer to file and present the case. This also helps during settlement negotiation.
Any Approach or Attempt by the Defendant
Most people are approached or receive intimidation from the defendant concerning the lawsuit. In most cases, the defendant tries to entice the complainant with bribes and other monetary offers to drop the charges. The lawyer should be notified of such attempts before any progress in the case is made. With such information, it is easier for the lawyer to make your case viable.
Any Underlying Medical Condition or Complication During Pregnancy
While it is expected the healthcare provider to give information on underlying health complications during pregnancy, some cases are withheld. The lawyer should know your health status during pregnancy and before delivery. It is important to rule out the possibility of other health conditions or complications as the cause of the birth injury and make your case viable.
If the Defendant Owed You a Duty of Care
Remember, you are trying to prove that the healthcare provider’s negligence resulted in the injuries your child sustained during birth. It is paramount for the lawyer to know if the defendant owed you a duty of care or not. This information can be found in a duty roaster, but accessing it from the hospital records can prove a challenge. With the information you give the lawyer, it becomes easier for a strong case to be built.
Hiring the best lawyer in your birth injury case makes it easier to achieve your objectives. However, the right information must be provided as this helps the lawyer build a strong case against the defendant. As stated above are the essential things the birth injury lawyer should know.
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