Having a child with a severe birth injury can mean years of medical treatment and extraordinary expenses. If your child’s injuries were the result of medical malpractice, you should consult with an experienced birth injury lawyer to file a compensation claim. Contact Birth Injury Lawyer In Atlanta now!
Medical professionals owe patients a duty to provide quality care and prevent complications during labor and delivery. When these standards are unmet, both mother and baby may suffer life-altering consequences.
Medical malpractice claims must meet four main elements: negligence, causation, damage, and a reasonable expectation of recovery. Your lawyer will work with you to gather evidence and construct legal arguments supporting each element of your claim. This process may include expert witness testimony from a doctor or nurse familiar with your case and the relevant medical practice.
A birth injury attorney will begin the process by writing to your child’s medical providers to notify them of your malpractice claim. The doctors and hospitals will then work with their malpractice insurers to respond to your lawyer’s letter. Your lawyer will negotiate with the insurers to settle the case before filing a lawsuit. If a settlement is not possible, your lawyer will file a lawsuit against the medical providers to hold them accountable for their actions.
After a lawsuit is filed, your lawyer will undergo a period of discovery, which includes taking depositions (or sworn statements) from witnesses and exchanging information and documents with the defendants’ attorneys. Your lawyer will also work with medical experts to establish the applicable standard of care and how the medical professional’s deviation from that standard caused your child’s injuries.
When enough evidence is gathered, your lawyer will present your case to a jury at trial. However, because medical malpractice cases generate sympathy among jurors, many birth injury claims are settled before reaching a verdict. Your lawyer will have extensive experience with these types of cases, and they will know how to deal with the pressure that insurance companies use to force you to settle.
Injuries suffered at birth can have lifelong consequences, resulting in expensive treatment and loss of income. Compensation can help your family cover those expenses and improve quality of life. A legal claim can also hold at-fault medical workers responsible and motivate better safety training to prevent future errors. For these reasons and more, it’s important to get started on your legal claim as soon as possible. A free case evaluation with a birth injury attorney can help you determine the best next steps.
Gathering Evidence
Whether it’s the result of a mistake or an unavoidable complication, birth injuries can dramatically alter a child’s life. These injuries can leave them with long-term disabilities that require expensive medical treatment and care, or even shorten their lives. A successful lawsuit against the hospital or doctor who committed malpractice can help families receive financial compensation to pay for these expenses, and more.
A birth injury lawyer will conduct a thorough investigation of the case, gathering information and documentation like medical records and hospital bills. They may also consult medical experts who can review the case evidence and provide a professional opinion that supports their position that the healthcare providers failed to meet the appropriate standard of care. Often, these experts are able to identify policies or procedures that were violated and contribute to the baby’s injuries or death.
Your attorney will also consult with financial experts who can determine the extent of your child’s damages based on their current and future needs, including therapy, home accommodations, medical equipment, lost wages due to time away from work, and emotional distress. These damages can add up quickly and should be reflected in your claim to ensure you are fully compensated.
When choosing a birth injury lawyer, be sure to look for one who has specialized knowledge of this area of law. A lawyer who focuses on this type of case will be more familiar with the types of evidence required and how best to present that evidence to a jury. They will also be more likely to have a network of expert witnesses who can support their claims with specialized knowledge, allowing them to evaluate standard of care breaches objectively during trial.
Because of the complex nature of medical malpractice, it’s important to contact a lawyer as soon as you suspect that you or your child has been harmed by a healthcare provider. Each state has different statutes of limitations, and the longer you wait to file a claim, the harder it will be to gather evidence and build a solid case. A knowledgeable birth injury lawyer can help you determine which deadlines apply to your case and work within those timelines.
Negotiating a Settlement
When a child is born with a serious medical condition, the parents may be entitled to compensation to cover past and future medical expenses. A birth injury lawyer will help you gather the necessary evidence to build a strong case and fight for a fair settlement.
A good attorney will assess the strength of your claim in a free consultation and review any evidence you already have. They will also review your medical records and consult with experts to determine whether the doctors involved in the delivery committed any malpractice. The attorneys will then draft a legal complaint and file it in the appropriate court to initiate a lawsuit. The next step is a discovery phase, in which both your lawyer and the defendants’ lawyers exchange information and evidence. This may include depositions and interrogatories.
Once the medical negligence is established, your lawyer will prepare for trial. They will work with financial experts to determine an estimate of your child’s lifetime costs and present it in a compelling manner to a jury. They will also prepare to argue for any other damages you may be entitled to, such as pain and suffering.
Although nothing can erase the damage caused by a birth injury, financial compensation can help pay for therapies, home accommodations, equipment, and other expenses related to your child’s condition. It can also relieve some of the stress and provide you with peace of mind, knowing that those who made a mistake will be held accountable for their actions.
Most birth injury cases settle out of court, and your attorney will try to do everything possible to avoid a trial if it will not benefit you. However, some cases do go all the way to a judge and jury, which can add a significant amount of time to your lawsuit and increase the chances that you will not get as much money in the end as you deserve.
You should choose a birth injury lawyer who has the resources to fund your lawsuit and take it all the way to a trial, if needed. Most personal injury lawyers work on a contingency fee basis, which means they advance all the expenses associated with the case and only collect their fees when they win. This ensures that they have the resources to invest in your case and fight for a fair settlement.
Taking Your Case to Trial
A birth injury can have devastating consequences on an entire family. Injuries suffered during childbirth can lead to long-term disabilities, costly medical bills, and a loss of income that can significantly impact a family’s future. A medical malpractice claim allows injured families to obtain compensation for their losses. Financial compensation can help pay for care costs, therapy, equipment, home accommodations, and other necessary expenses.
A successful claim will require a lawyer to establish that the doctor, nurse, or other medical professional failed to meet the standard of care for their profession. This is often accomplished through medical records, expert testimony, identifying policies and procedures that were violated, and witness testimony.
Once a doctor’s or hospital’s negligence has been established, the victim must demonstrate the damages that they have suffered due to the incident. These can include economic damages, which are compensatory in nature, and non-economic damages, which are subjective and more emotional in nature.
Insurers will often attempt to settle cases outside of court in order to avoid litigation and save money. An experienced attorney can negotiate with insurers to get a fair settlement for their clients.
When a settlement is not possible, the case will proceed to trial. Your lawyer will prepare the evidence and arguments that they will present to a judge or jury, which will then decide who is liable for the injuries.
Choosing the right attorney for your case is an important decision. You want to choose an attorney who is compassionate, attentive, and responsive. They also need to be knowledgeable in this area of law and have a track record of success. A lawyer who focuses on birth injury claims is ideal, as they will have the knowledge and experience to successfully represent your interests.
The first step in hiring a legal team is to schedule a free consultation. This meeting will allow the attorney to get to know you and determine if they can offer the representation you need. The consultation is also an opportunity for you to ask any questions that you may have. At the end of this meeting, you will be informed if you have a case and what steps are next in the process.