Atlanta Birth Injury Attorney can help families recover financial compensation for the cost of care resulting from a medical mistake. This can include rehabilitation costs, medical equipment, medication, therapy, and more.
A medical mistake during labor and delivery can have devastating consequences for a newborn and its parents. While a legal claim can’t undo the harm, it can provide families with a sense of justice and recovery.
The first step in a birth injury claim is to establish that negligence occurred during your child’s delivery. This can be accomplished through medical records and other evidence. Your lawyer will also need to show that the medical professional who was responsible for your child’s injuries breached their duty of care. This means that they failed to perform their job as a reasonable and competent physician in the same field would have done under the circumstances.
Once your attorney has established that malpractice occurred, they must prove causation. This is done through expert testimony, such as from medical professionals who have reviewed the evidence and provided an opinion. This includes proving that the breach of the doctor’s duty led directly to your child’s injury and damage.
You may also need to establish damages, which are the financial losses you have suffered as a result of your child’s injury. This can include past and future medical expenses, loss of income, and pain and suffering. Your lawyer will help you calculate the total cost of these losses and pursue compensation for all that you have lost.
An experienced birth injury lawyer will know how much your case is worth and will be able to negotiate with the insurance company on your behalf. They will not accept a low settlement offer that does not fully cover your losses and will take your case to trial if necessary.
Your attorney will work on a contingency basis, meaning that you will not have to pay them any upfront fees. They will only get paid if they win you money in a settlement or court verdict. This is the best way to ensure that they have the resources and time to invest in your case.
It is important to hire a birth injury attorney as soon as you believe that your child has a birth injury. Waiting too long can hurt your chances of recovering fair compensation. A qualified attorney will be able to build a strong case against the at-fault medical workers, file the appropriate legal documents, gather evidence (including witness testimonies and medial records), and secure the financial compensation you deserve.
Proving Causation
When a medical mistake occurs during birth, the consequences for a family can be profound. Injuries that cause long-term suffering and expensive medical bills can devastate a household. In addition, the physical and emotional trauma that can be caused by a birth injury may require a lifetime of care.
A birth injury attorney can help by guiding you through the process of filing a malpractice claim against the doctor or hospital that committed the act of negligence, gathering evidence (including witness testimonies and medical records), and proving causation in court to obtain the financial compensation your child deserves. A medical malpractice lawyer is familiar with the way healthcare systems work and will know how to navigate complex legal processes in order to get you the answers you need.
Medical records and expert testimony are essential in proving medical malpractice. A medical expert can provide insights into what was the accepted standard of care at the time of the injury and demonstrate that a defendant’s actions or inaction directly contributed to the harm suffered by the plaintiff. This evidence can provide the technical backbone to your case and make it stronger in court.
The last element that must be established to win a birth injury claim is the presence of damages. Your lawyer can calculate and document your family’s losses, including future medical expenses for your child, lost income due to a reduced ability to work as a result of the injury, and noneconomic damages like pain and suffering.
Insurance companies have a financial interest in minimizing the amount they pay out in malpractice claims, and they use their knowledge of how distraught and desperate parents can be after a medical mistake to pressure them into accepting settlements that do not fairly reflect their losses. A birth injury attorney can take over communications with insurance representatives and defend your rights to maximum compensation.
Our legal team can help you pursue a medical malpractice claim against the doctor or hospital that caused your child’s birth injury, and we will work tirelessly to obtain all of the compensation to which your child is entitled. Contact us today to schedule a free initial consultation and get the representation you need and deserve.
Proving Damages
In order to recover damages, a plaintiff must prove four elements: duty, breach, causation, and damages. A birth injury attorney will work to gather evidence and construct legal arguments in support of each element. They will also consult with medical experts, who will review the case’s medical records and provide an opinion on the standard of care that should have been followed under the circumstances.
A medical expert will be able to determine whether the medical providers’ actions deviated from this standard and, if they did, how that deviation caused the child’s injuries. This is one of the most critical parts of a medical malpractice claim.
The lawyers at JJS will work to identify all potentially liable parties, including doctors, nurses, hospitals, and the pharmaceutical companies that provided the medication the mother took during pregnancy or labor. The lawyer will then file a lawsuit against them, which will be served with a summons and complaint, and the defendant will have a chance to respond. This phase of the process may include motions, hearings, and discovery, which is a period where both sides exchange information such as medical records and witness testimony.
Once the attorneys have gathered enough evidence to establish all of the elements of the claim, they will write a demand letter to the medical professionals responsible for the injury and file an insurance claim with their malpractice insurers. They will negotiate with the insurers, addressing any claims denials, and if they cannot reach a settlement, they will take the case to trial.
A successful claim will help a family recover compensation to cover the cost of their child’s medical treatments and other expenses. They will also be able to enroll the child in the state of New York’s Medical Indemnity Fund, which provides coverage for life-long health care costs and special education services. A New York birth injury lawyer can help a victim and their family file a malpractice claim, gather evidence and medical records, and hire expert witnesses to testify on their behalf in court. They can also assist with filing a jury demand and negotiating with the insurance company to obtain a fair settlement.
Negotiating a Settlement
Your attorney will need to collect and evaluate medical records. These will provide evidence of the breach of the applicable standard of care, which is essential to winning any medical malpractice case. They will also conduct depositions of the defendants’ doctors and other medical staff to learn what they know about the case, including details about the injuries your child suffered. These statements are made under oath and considered testimony in court.
Your lawyer may need other types of experts as well. For example, it is often necessary to have a medical expert witness to testify that the medical providers violated the appropriate standard of care by their actions or inactions. Typically, you will have to pay for these witnesses’ time and expenses.
It is important that you hire a birth injury attorney who specializes in these cases because they understand the unique nuances of medical malpractice claims and can find the best witnesses to support your claims. They can also help you avoid mistakes that could be costly to your case.
In general, the more experienced your birth injury attorney is, the more likely they are to win your case and get you a fair settlement offer from an insurance company. It is important to ask potential attorneys how many cases they manage at any given time. If they are managing a large number of cases, it is unlikely that you will be able to reach them whenever you need them or that your case will receive the attention it deserves.
You should also ask potential attorneys how much their law firm advances lawsuit expenses and whether they only get paid if they recover money for you. This will give you a better idea of whether they have the financial and personnel resources to build your case and fight for a fair award through trial, if needed.
Injuries that occur during labor and delivery can have permanent and life-altering consequences for your child. Getting compensation from at-fault medical professionals can help you pay for treatment and other costs that will ensure your child is taken care of throughout his or her lifetime.