The Role of a Birth Injury Lawyer
Atlanta Birth Injury Lawyer can help you obtain the compensation you deserve for your child’s injuries. Doctors and hospitals have professional liability insurance to cover medical negligence claims, but these companies often aggressively deny or reduce payments.
Your lawyer will review the facts of your case, secure expert opinions, and identify policies and protocols that were violated. They will also handle all communication with insurers and ensure you don’t miss filing deadlines.
The medical professionals who oversee labor and delivery owe their patients a legal duty to uphold a high standard of care. When they fail to do so, it can result in devastating injuries for mothers and infants. A birth injury lawyer can help families obtain financial compensation for their losses.
A birth injury claim involves proving four key elements: duty, breach of duty, causation, and damages. To establish duty, your attorney must prove that the defendant’s doctor or other healthcare professional owed you a professional relationship. This can be done with evidence like medical records and hospital bills. Your lawyer must also establish that the defendant breached this duty by failing to provide quality care that meets the relevant standard of care. The standard of care is defined as what a prudent medical professional in the same specialty would do under similar circumstances. Your lawyer may need expert testimony to support this claim.
Your lawyer must also prove that the breach of duty directly caused your child’s injury. This can be done with expert testimony, medical records, imaging studies, and other evidence. A successful case will also include proof that your child’s injuries have harmed you in some way, such as the cost of lifetime care and lost income. Your attorney will take into account all your economic and noneconomic damages, including costs such as handicapped access home and vehicle modifications, adaptive technology, special education and training, and pain and suffering.
The last element of a successful claim is that the amount of your damages is reasonable and appropriate. This can be difficult to determine without the help of a birth injury attorney. An experienced attorney can anticipate the defenses of your healthcare provider and fight to ensure that you receive a settlement that accurately reflects your losses.
The last thing you need as a parent of a disabled child is to be pressured by insurance companies into accepting an unnecessarily low settlement. An experienced lawyer can evaluate your case and make sure that you are not forced to accept an offer that will leave you with insufficient funds to cover your child’s lifelong care needs.
Collecting Evidence
A successful birth injury claim requires a lot of time, money, and evidence. The best way to get all three is by hiring a reputable lawyer. There are many types of damages available for a birth injury, including medical expenses, loss of future income, and pain and suffering.
Your lawyer will work with your medical team to identify the appropriate damages for your case. This includes calculating the cost of your child’s future medical care and therapy. It will also account for the impact that the injury has had on your family’s quality of life.
To prove negligence in a medical malpractice lawsuit, your lawyer will need to collect evidence such as detailed medical records, expert witness testimony, hospital policies and regulations, income statements, video footage, eyewitness testimony, and more. All of this evidence will need to connect the defendant’s alleged actions with the outcome of your child’s injuries.
The process of birth can be dangerous, even if a medical professional does everything correctly. This is why there are laws in place to protect patients from the mistakes of doctors and other medical professionals. When medical negligence occurs during labor and delivery, both the mother and baby can suffer severe and life-altering injuries.
When medical negligence causes a birth injury, it is important to hire an experienced lawyer as soon as possible. A qualified birth injury attorney can help you file a medical malpractice claim, and they will also know how much your case is worth.
Having a child with a severe birth injury is hard enough, and it can be even more challenging when you have no money to cover the costs of treatment. A skilled birth injury lawyer can help you win the compensation that your child needs to live a happy and healthy life.
While no amount of money can undo a birth injury, it can allow your child to receive the medical care that they need for the rest of their life. This can include the cost of future medical care, rehabilitation, and other therapies. It can also pay for lost income if the injury has impacted your ability to work, and it may cover other expenses and losses that you or your child have suffered.
Filing a Lawsuit
Even if your child’s birth injury was just an accident, you may want to file a lawsuit against the doctor responsible for the mistake. A settlement may make a significant difference in your family’s quality of life and provide the funds necessary for medical treatment, therapy, rehabilitation, and support services.
A lawyer can investigate the cause of your child’s injury and gather detailed evidence to prove medical malpractice. They can also work with experts to determine the extent of your child’s injuries and how they will impact their future. This is important because a child’s injuries can be permanent. It is important to file a claim as soon as possible after the birth injury occurred. There are state statutes of limitations that dictate how long you have to file a medical malpractice lawsuit, and your attorney can help ensure that your claim is filed within the appropriate time frame.
Once a birth injury lawyer has collected enough evidence to prove medical malpractice, they will file a lawsuit. They will typically sue the medical staff that assisted with the delivery of your baby, which may include obstetricians, nurses, anesthesiologists, and hospitals. Depending on the extent of your child’s injuries, you may file a claim against multiple parties.
In many cases, medical negligence claims are settled out of court. Your lawyer will contact the medical providers’ insurance companies to negotiate a fair settlement. They can also use their expertise to navigate the pressure tactics insurers often employ to minimize settlements.
If a suitable settlement cannot be reached, your lawyer will take your case to trial. They can present expert testimony to prove that your medical provider failed to follow the standard of care during your child’s birth and that their error caused your child’s injuries. They will also argue that your child’s injuries have resulted in damages, which can include compensation for lost earning potential, pain and suffering, and a diminished quality of life. If a jury agrees that your child’s medical provider was at fault, they will award you a fair settlement. Your lawyer will keep you updated as your case progresses.
Representing You in Court
A birth injury lawyer’s primary role is to help families get justice and compensation. They do so by guiding them through the lawsuit process and fighting to hold negligent medical professionals accountable. They know that medical mistakes can change lives forever and that the consequences can last a lifetime. They can’t undo the harm that has been done, but they can help families get financial compensation to cover their losses and expenses.
Medical negligence during labor and delivery can result in serious injuries to both the mother and child. They may include broken bones, nerve damage to the head or arms, paralysis, permanent scarring and other disabling conditions. Injuries can also lead to huge hospital bills, loss of wages, and ongoing therapy and treatment costs. A successful lawsuit can result in a substantial financial award to pay for the current and future medical bills, lost income, emotional distress and other categories of damages.
The first step in a birth injury case is meeting with a lawyer. This gives them the chance to review your situation and determine if you have a strong case. If they believe that you do, they will begin to collect evidence and build a case on your behalf. They will gather your medical records, obtain expert opinions, and identify policies and procedures that were violated. They will use this information to demonstrate that the at-fault party acted in breach of their professional obligations and committed malpractice during your child’s birth.
Once a lawyer has built a strong case, they will present it to the at-fault party’s insurance company. The insurance company will likely try to avoid paying a claim, and they may employ various tactics to do so. These tactics could include presenting conflicting evidence, shifting blame or deflecting responsibility. A skilled birth injury lawyer will be able to defuse these tactics and convince the insurer that their client is liable for your child’s birth injury.
A successful lawsuit can bring closure to this painful chapter in your family’s life and provide you with much-needed financial relief. Compensation can help you afford to pay for your child’s lifelong medical care and expenses, such as home care services, modifications to your home and vehicle and ongoing physical and occupational therapy.