Birth Injury Attorney Atlanta can help you file a claim for medical malpractice against the doctor or hospital responsible for your child’s injuries. They can manage communications with insurers and secure evidence, including medical records, expert opinions, and witness testimonies.
The lawyers can also help establish damages for your family, such as the lifetime cost of care, therapy expenses, and a diminished quality of life. They can provide a free case evaluation to assess your options.
Doctors, midwives, nurses, and other medical professionals have a legal obligation to uphold the standard of care for their patients. When they fail to do so, it can have devastating consequences for families. A birth injury lawyer can help victims hold negligent healthcare providers accountable.
To establish a claim of birth injury medical malpractice, your lawyer needs to prove three basic elements: duty of care, breach of duty, and causation. Your lawyer will review the records from the pregnancy, labor, and delivery. They will also work with experts in the field to analyze the evidence and provide their opinion as needed.
Medical experts will also be necessary to determine if the healthcare provider violated the standard of care and whether that violation caused your child’s injuries. It’s important to hire these experts as soon as possible because if they aren’t available when your case goes to trial, the defendants will have an easier time claiming that their mistake did not cause your child’s injuries.
The last element in a successful medical malpractice claim is showing that the defendant’s breach of duty directly and proximately caused your child’s injuries. If your lawyer can prove all of these elements, they will have a strong argument to get you the compensation you need for your child’s injuries.
If your child has a severe birth injury, they may need a lifetime of medical treatment and around-the-clock care. These expenses can quickly add up and your lawyer will use the expertise of physicians to ensure that any settlement offered fully covers your family’s needs now and in the future.
Because of the astronomical costs involved in this type of case, insurance companies are typically reluctant to settle. They will often try to delay your case and take advantage of your desperation to make low offers. Your lawyer will fight to get you a fair offer and, if they are unsuccessful, they can file a lawsuit to put the pressure back on. This will allow them to recover all of your damages from the responsible parties. This includes not only the doctor and their insurance company, but also any hospitals or other healthcare providers who may have policies covering your family’s losses.
Failure to Meet the Standard of Care
Medical professionals are expected to follow a certain standard of care when treating patients. Failing to follow this standard can be considered a form of negligence. When doctors and nurses fail to follow this standard of care, they can cause a birth injury that negatively impacts the child and family. A New York birth injury attorney can help families file a claim to recover compensation for the damages that have been suffered as a result of the doctor’s negligence or carelessness.
A medical malpractice case against a doctor is complex and requires a thorough understanding of the laws in the state of New York and what constitutes a breach of duty. It also requires expert witnesses who can testify about the common standards of care that a physician should be following when treating a patient. In addition, it is critical to work with an experienced lawyer who understands how to present the facts of a case in a way that will convince a judge or jury that the doctor’s actions were negligent.
The attorneys at Jeffrey Glassman Injury Lawyers know how devastating a birth injury can be to a child and the family. The financial impact can be significant, resulting in years of expensive medical procedures, and our team is dedicated to helping parents prepare for the future by seeking fair compensation for their losses.
A successful birth injury claim can include damages for current and future medical expenses, therapy costs, loss of earning capacity, emotional distress and loss of enjoyment of life, among other damages. These damages can be substantial and can be awarded to both the child and the parents.
An experienced New York birth injury lawyer can help victims of a medical error during childbirth pursue a claim for damages against the responsible parties. We can assist with gathering evidence, filing the necessary documents, and negotiating with insurers. Insurers will often use delays and other tactics to reduce their payouts, and a knowledgeable lawyer can help clients stand their ground and fight for the full amount they are entitled to receive.
Causation
Medical professionals are trained to uphold a high standard of care during childbirth, but even small mistakes can have devastating consequences. When these standards are not met, both mother and baby can be left with life-altering injuries. A birth injury lawyer can help families obtain compensation that covers the cost of treatments, allowing them to enjoy a better quality of life.
During the course of a claim, a birth injury attorney will gather evidence including medical records, hospital bills, and witness testimonies to establish that negligence occurred during your child’s delivery. He or she will also work closely with medical experts who can review the facts of your case to determine if the doctor’s conduct deviated from the generally accepted standard of care.
The next step is to demonstrate that the breach of this standard of care caused your or your baby’s birth injuries. Your lawyer can use expert testimony to demonstrate how the medical mistake harmed you or your baby, such as by presenting evidence of nerve damage from rough handling during delivery, or broken bones due to improper use of tools like forceps and vacuum extractors.
Your lawyer will then calculate your damages. These may include the lifetime costs of medical treatment, loss of income, and a variety of non-economic damages, such as pain and suffering. In many cases, the at-fault parties’ insurance companies will try to pressure you into accepting a settlement that is far less than your case is worth. Your birth injury lawyer can help you resist this pressure and ensure that your settlement accurately reflects your true losses.
A reputable birth injury lawyer can evaluate your claim at no charge to you, and should never require any upfront fees. These attorneys typically work on a contingency fee basis, meaning that they only receive a payment after achieving a settlement or award for your case. This arrangement protects your family from financial hardships, especially if the case is unsuccessful. Contact a birth injury lawyer today to find out more about how they can assist you.
Damages
Having a child is one of the most exciting moments in life, but it can also be devastating if a medical professional’s negligence causes an injury that permanently affects your child. A birth injury lawyer can help you seek fair compensation to pay for your child’s ongoing treatment needs, future care costs, pain and suffering, and other losses.
The first step in a birth injury case is establishing negligence. This may involve obtaining medical records and other evidence that a healthcare provider violated the standard of care. Your attorney will consult with medical experts to help establish this breach of duty and the harm it caused.
After determining that malpractice occurred during your child’s delivery, a lawyer will determine what damages you are entitled to receive. They will work with medical and financial experts to build a case that includes all of your past and future losses. These can include the cost of medical care, the costs of in-home care providers, loss of earning potential, and other expenses that are directly related to your child’s birth injury.
You should always carefully consider your lawyer’s reputation and experience before hiring them. It’s a good idea to ask how many cases they manage at any given time, as well as their litigation history. You want to ensure that your attorney is able to effectively negotiate with insurance companies and is capable of successfully trying your case to verdict.
Because of the nature of a birth injury, it’s important to consult with an experienced lawyer as soon as possible. A qualified birth injury attorney will offer a free consultation and can help you determine the best path forward. They will review your child’s medical records, file a lawsuit against the at-fault medical professionals, and obtain expert witnesses to testify on your behalf. They will also work with you to secure the maximum amount of compensation available for your child’s injuries. In many cases, this will result in a settlement outside of court. In other cases, your claim may go to trial. If your case does go to trial, the jury will decide on the final settlement award.