A birth injury can change a child’s life forever. Medical personnel are trained to uphold standards of care during labor and delivery, but mistakes can occur and have devastating consequences.
Birth Injury Lawyer In Atlanta can help families file a claim and recover compensation. They will investigate the accident, collect evidence, and consult with experts to build a strong case.
Injuries during birth are often severe, and many are caused by the negligence of medical professionals. A medical malpractice claim is one way to obtain compensation for a child who suffers from these types of injuries, and it allows the victim to hold the doctor or hospital responsible.
Unfortunately, it is not always easy to find a qualified lawyer who can take on these cases, and parents should be careful when selecting an attorney to represent their family. The best option is to find a firm that specializes in medical malpractice, as the attorneys who specialize in this area will be more familiar with the intricacies of medical malpractice law.
A specialized birth injury lawyer will also have the experience to handle all aspects of the case, including determining which doctors were responsible for your child’s injury, collecting evidence (including witness testimonies and medical records), and filing all necessary documents with the court of law. A skilled attorney will also be able to negotiate a settlement with the doctor or hospital and resolve any liens on your recovery.
If a pre-trial settlement is not possible, your lawyer will be prepared to present your case in court using expert testimony and professionally crafted exhibits. They will be well-versed in medical malpractice trials, and if they win your case, you will receive the maximum amount of compensation possible for your child’s injuries.
When pursuing a claim, it is important to remember that the medical profession has many different interests at stake. For example, if the doctor and their staff members are found liable for your child’s birth injury, it will likely affect their professional reputation and could even lead to them being removed from their medical license. In order to protect their interests, the medical professionals and hospitals that treat expectant mothers will often defend their actions – regardless of whether or not they were negligent.
Fortunately, the vast majority of medical professionals maintain liability insurance, and your legal team can help you recover the compensation you deserve from these policies. A successful claim can be worth millions of dollars, and can provide you with the funds you need to pay for your child’s ongoing care.
How a Lawyer Can Help You
When a child suffers from a birth injury, it can affect their life in many ways. These injuries can cause health problems that last a lifetime or cut their life short, and they can also cost families millions in medical expenses. A lawyer that specializes in birth injury cases can help families get the money they need to care for their child and to cover all losses.
A good lawyer can investigate and gather evidence to prove that a doctor or other medical professional acted negligently before, during, or after the delivery of their child. This can include analyzing medical records, reviewing hospital bills, and conducting interviews with medical experts. The attorney can then use this evidence to build a case that establishes that the doctor breached their duty of care to the patient, that this breach caused the harm, and that the victim suffered as a result.
Once the lawyer has enough evidence to establish negligence, they can then calculate damages. This can include past and future medical costs, loss of wages, pain and suffering, and emotional distress. The lawyer can then negotiate with the insurance companies to try and settle the case. If a settlement is not possible, they can file a lawsuit and take the matter to trial.
A good birth injury lawyer can make the process as stress-free and easy as possible for their client. They can do the legwork involved with gathering evidence and establishing negligence, so the client can focus on their child. The attorney can also handle the negotiations with insurers and fight to secure maximum compensation. They can also be a powerful advocate in court, bringing in expert witness testimony and using professionally-crafted exhibits to present the case. They can also collect and disburse funds for their clients quickly and easily, resolving any liens on the recovery. They can even handle the paperwork for any governmental programs that may be available to help pay for some of the child’s care. The best way to determine whether or not you have a valid medical malpractice claim is to contact a qualified attorney for a free consultation and case review.
What to Expect from a Lawyer
The process of proving negligence and establishing damages in a birth injury case requires the work of an accomplished team. A knowledgeable birth injury attorney has the skills to collect evidence, interview witnesses, consult medical experts and review medical records to build a strong case for compensation.
A lawyer can also negotiate with the insurance company and file a lawsuit if necessary to recover fair compensation for you. If you and your child have been injured by a medical professional’s negligence during the delivery process, it’s important to act quickly. Evidence disappears over time, and there are strict legal deadlines known as statutes of limitations.
Your lawyer will take over communications with the medical providers and their malpractice insurers, allowing you to focus on your family. The attorneys will also know how to navigate the pressure tactics these companies use to try to settle for less than you deserve.
After identifying the liable parties in your case, your lawyer will request and analyze your medical records, including any notes or documents you may have. They will also consult with medical experts who can establish whether a doctor, midwife or nurse failed to adhere to the standard of care in your case and how that failure contributed to your child’s injuries.
They will then calculate the full extent of your losses and determine if the medical professionals involved in your case are responsible for your damages. Damages can include both economic and noneconomic costs, including lifetime care expenses, pain and suffering and lost wages. They can also include costs of adaptive equipment, disabled access home and vehicle modifications, and special education and training.
A good lawyer will handle every aspect of your case so you can concentrate on caring for your child. In addition, they will pay for all expenses incurred during the course of your case. Then, they will negotiate a fee with you that reflects a percentage of the recovery. Most personal injury and medical malpractice lawyers offer contingency fees, so you won’t have to worry about upfront expenses. In most cases, you won’t owe the lawyer anything if they don’t win.
How Much Compensation Can I Receive?
When a medical mistake harms your child, your entire family’s future can become uncertain. The costs of medical treatment and caregiving can add up quickly and strain financial resources. A lawsuit against the responsible obstetrician or other medical professional can help you obtain the necessary compensation to cover these expenses and more.
Settlement amounts can vary, depending on the type and severity of the injury, the extent of culpability, and other factors like your family’s loss of quality of life. However, some cases result in substantial payouts – with settlements and verdicts ranging from the high millions to over $200 million in some states.
Typically, a medical malpractice lawsuit seeks compensation for both your child’s projected lifetime cost of care and non-financial losses, such as pain and suffering. Your lawyer will determine your child’s estimated treatment costs and estimate all the ways in which the injury has negatively affected your family. This includes the loss of quality of life, loss of income, and costs for home modifications and adaptive technology.
Your attorney can negotiate with insurance companies and their lawyers to get you a fair settlement or win your case in court. Having an experienced birth injury lawyer can take the pressure off you and your family while keeping the process moving forward so you can focus on your child’s recovery.
An attorney can also assist you in navigating other sources of financial support, such as New York’s Medical Indemnity Fund and supplementary disability programs for children with severe disabilities. Our team will investigate the cause of your child’s injury, identify all potentially liable parties, and obtain expert medical opinions to establish liability. We will file the appropriate legal claims against the obstetrician, nurses, and doctors involved in your child’s delivery to hold them accountable for their negligence.
As you consider hiring a birth injury lawyer, be sure to ask potential attorneys how many clients they manage at any given time and whether they have the necessary experience to successfully handle your case. You will also want to know whether they have a track record of successfully pursuing lawsuits to trial, as this will be an important factor in determining the outcome of your claim.
