Although remarkable medical advances have made childbirth safer, mothers and their partners understand that the birth process is never entirely safe. They expect their doctors and other medical professionals to act with utmost care.
When they fail to do so, victims may be entitled to compensation. A successful lawsuit can help pay for a victim’s current and future medical expenses, lost wages, emotional distress and more. Seek the help of an expert Birth Injury Attorney Atlanta for your peace of mind.
Proving Negligence
When it comes to medical negligence cases, including birth injury lawsuits, the evidence that supports a claim must be very strong. To successfully file a birth injury lawsuit, it is necessary to prove that the medical professional owed you a duty of care, breached that duty, and this breach directly caused your child or mother to suffer harm. Proving these elements will require an attorney to work with medical experts and specialists.
Your attorneys will need to obtain and review the medical records that were associated with your pregnancy, labor, delivery and any injuries sustained. These records will provide valuable information to establish the doctor’s standard of care. It will also help to identify any deviations from this standard that could have been a breach of the doctor’s duty to the patient. This is why the help of a birth injury lawyer is so important to ensure that all the available evidence is gathered and reviewed.
In addition to the medical records, your attorney may also need to gather other forms of evidence such as witness testimonies and visual documentation. These can be extremely helpful in establishing the link between the doctor’s actions and your child or mother’s injuries. This evidence will also allow your attorney to calculate and document the losses you have suffered.
It is important to note that your medical records should be requested as soon as you suspect there was a problem during your delivery. Waiting to request your records increases the chances they could be lost, altered or destroyed. This could have a significant impact on your case and your ability to receive compensation.
It is also critical to understand that the damages awarded in a successful birth injury claim can go beyond the immediate physical and financial losses you have suffered. These additional damages include any ongoing treatment, rehabilitation or support needs that your child will have for the rest of their life. This is why it’s so crucial to have an experienced attorney on your side to ensure that all of the costs associated with your child’s injury are considered in a lawsuit settlement or judgment.
Preparing Your Case
It’s important to seek legal advice as soon as possible after your child suffers a birth injury. A medical malpractice lawyer will be able to determine whether the negligence of a health care professional may be to blame for your child’s injuries.
Once your lawyer has determined that there is a valid claim, they will start the process of filing the lawsuit and gathering evidence for your case. They will also work with medical experts to identify the type and extent of losses suffered by your family as a result of the birth injury. This will help in determining the value of your claim, and how much compensation you may be entitled to receive.
A successful legal action in this type of case requires a great deal of hard work and documentation. Your attorney will gather evidence, including medical records and witness testimonies, to build a compelling argument that your child’s injury was caused by the negligence of a healthcare professional during delivery. It is critical to hire an attorney with experience handling medical malpractice cases, as these types of cases are often complex and require the assistance of expert witnesses to prove negligence.
If your claim is successful, your lawyer will negotiate a settlement with the defendants in your case. In most cases, a settlement will be reached before the case goes to trial. However, if the case is highly contested and a trial is necessary, your lawyer will prepare the case for a jury hearing. This will include preparing questions for the jury, as well as cross-examining witnesses, and ultimately arguing the case before the jury.
It is common to name multiple defendants in a birth injury case, depending on who was involved in the delivery and any care following the birth. The defendants in your case will include doctors, nurses, hospital staff and potentially other healthcare professionals who were responsible for your child’s care. Your attorney will also depose the defendants in your case under oath to question them about their actions during the delivery and any mistakes they may have made.
Negotiating A Settlement
A child’s birth injury can bring a lifetime of medical expenses and emotional suffering. Parents need to be able to get the compensation they need to help their child live a fulfilling life. Fortunately, medical malpractice claims can help families recover the financial support they need.
A skilled birth injury attorney can help you build a strong case and recover damages for your child’s injuries. Lawyers can assist with gathering evidence, working with experts, proposing a settlement amount, and taking the case to trial if an agreement isn’t reached. Your attorney can also help you understand your state’s laws on filing a lawsuit, and how the statute of limitations applies to your case.
Your lawyer will work with you and medical and financial experts to determine the types of damages you need to recover for your child’s birth injury. The type and extent of damage will vary from case to case, but your lawyer will be able to present a strong argument to the court for an appropriate award.
You may be able to recover medical expenses, loss of income, future earnings, pain and suffering, loss of consortium, and other related damages. You may also be able to recover punitive damages intended to punish the defendant for their actions.
The defendants in your case will depend on who was involved during the pregnancy, labor, and delivery process. For example, you would typically name your doctor and the hospital where you gave birth as defendants in a claim involving medical malpractice. Your lawyer will investigate to identify all potential defendants.
Your legal team can request your medical records on your behalf, but you should do so as soon as possible. This can reduce the risk that the records will be lost or destroyed. It can also increase the chance that they will be provided to your lawyer in a timely manner and that you can submit them to experts in support of your claim.
While most medical malpractice cases settle, many are litigated to the end. Litigating a lawsuit is time-consuming and costly, but it can also be successful if your lawyer has the resources to build a compelling case and fight for you in court if necessary. When a strong case is built, the parties are often more willing to negotiate and resolve the matter.
Filing A Lawsuit
When a birth injury leads to disabilities and other lasting effects, it can have financial consequences that can last a lifetime. Families need compensation that can cover ongoing care, treatments, therapies, and specialized equipment, as well as loss of income. A successful lawsuit can also address the negligence that led to the injury and hold at-fault medical professionals accountable.
A legal claim is initiated by filing a Summons and Complaint with the court, followed by a response to the complaint from the defendant (often called an Answer). The litigation process includes hearings and the exchange of information, known as discovery. Both sides will often hire experts to review the evidence and provide their opinions. These experts will be able to testify during trial, or if they are not available, can be called to give expert witness testimony at arbitration, mediation, or depositions.
The attorneys for the plaintiff will generally depose all of the doctors and medical staff involved in the case, as well as the child’s parents and any other family members who are available to testify. These statements will be taken under oath and considered part of the evidence in the case. Your attorney will use the resulting testimony and documentation to prove each element of your claim.
Most medical malpractice cases are settled out of court, and the same is usually true of birth injury claims. However, if settlement negotiations are unsuccessful, your lawyer can file a lawsuit to have the case decided by a jury. A judge and jury will hear all of the evidence in the case, including expert testimony, and will make a decision about what damages to award you.
A successful lawsuit can help you hold at-fault medical workers accountable and obtain the money needed to care for your child. It can also ensure that the same negligent medical providers will not be allowed to practice again. While a legal claim can’t reverse the damage that has already been done, it can bring a sense of justice to your family and help you move forward with your life.
