Atlanta Birth Injury Lawyer can help you pursue compensation for your child’s medical expenses. They can also file a lawsuit against the medical professionals involved in your child’s injury.
A birth injury lawyer investigates the case by reviewing medical records, securing expert opinions, and identifying violated policies and protocols. They can also negotiate with the medical providers’ malpractice insurers.
The birth of a child is a joyous occasion. Still, when a medical professional’s error causes an injury to your newborn, you may be faced with overwhelming bills and caretaking duties. A skilled birth injury lawyer can help you gain financial compensation for your family’s losses.
A good lawyer will be familiar with state laws and recent court cases regarding birth injuries. They’ll also have extensive resources to strengthen your case, including medical records, expert witness testimony, and policies and protocols the liable party violated during the birthing process.
Proving that a doctor or other medical professional breached their duty of care during the birthing process is the first step in a birth injury lawsuit. Your lawyer will examine your medical records and hospital bills to build a strong case by collecting evidence that the doctor acted negligently during your child’s delivery. They’ll also review the actions of your child’s attending nurse, anesthesiologist, and other healthcare providers to determine if they adhered to the standard of care for their profession.
Once your birth injury lawyer has a strong case, they’ll negotiate with the insurance company on your behalf to reach a settlement that adequately compensates your family for your losses. They’re skilled negotiators who can explain the complexities of your case in simple terms that a jury or judge can understand.
Insurance companies know you need money for your child’s medical treatment, therapy costs, and lost wages. They often try to pressure you into settling for less than your case is worth. Your lawyer will evaluate your case and file a lawsuit if the insurer refuses to offer you a fair settlement.
A reputable birth injury attorney will not charge you upfront fees for their services. They typically work on a contingency basis, meaning they’ll take a percentage of the final settlement or verdict award as their payment for their services. Contingent fee percentages vary by state. Ask about these percentages when interviewing potential attorneys for your case. If they’re unable to answer your questions, look elsewhere.
Reputation
All parents hope and pray for a healthy baby during pregnancy, labor and delivery. However, if a child suffers a birth injury due to medical negligence or malpractice, it can change the entire course of that family’s lives in an instant. This can be emotionally devastating for families and financially draining. A reputable New York birth injury lawyer can help families secure compensation for their losses.
When searching for a lawyer, ask about their experience handling birth injury cases. A good attorney will usually be able to describe how they helped clients get the compensation they deserve. Ideally, they will also have the ability to show you some past verdicts or settlement amounts. Although each case is unique and different, seeing consistent, substantial awards for people in similar situations can be a promising sign.
A top-rated birth injury lawyer should be able to explain what evidence is needed for the case, and they will likely have access to extensive medical databases that contain information that may be useful for your case. They should also have on-staff medical experts who can help with the case. In addition, their law firm should be well-established and have a great reputation.
Another important factor to consider is how severe the injury was. A severe injury will require a significant investment for the legal team to investigate and litigate the case. This is because they will have to pay expert witnesses for their testimony. Therefore, it is crucial that you consult with an attorney whose services are affordable in light of the severity of your child’s injury.
Fortunately, most birth injury lawyers work on a contingency basis. This means that they will take on the financial burden of the case and only get paid if they are successful in securing a financial award for their client. This helps to relieve some of the stress associated with seeking compensation and lets families focus on their child’s care. While nothing can erase the suffering caused by a birth injury, obtaining financial compensation can help defray the cost of ongoing medical treatments and therapy.
Compassion
A birth injury lawyer is compassionate toward families dealing with medical malpractice. They are well aware that even one mistake by a doctor or hospital can leave your child with lifelong symptoms and expenses. They are also accustomed to the emotional turmoil caused by these injuries. They help their clients file claims against negligent medical professionals and hospitals, and fight for justice in court if needed.
A successful claim in a medical negligence case requires your birth injury attorney to show that the medical professional involved in your child’s injury breached their duty of care. This duty of care is a legal obligation to act as other medical professionals would in the same situation. Breaching this duty of care could involve anything from performing a C-section too soon to failing to treat an existing problem that could have prevented your child’s birth injury.
When you meet with a potential attorney, it is helpful to ask them how many cases they normally manage at any given time. While this number is not the only important factor, it is a good indication of how much time they can dedicate to your case.
It is also important to find out if your potential birth injury lawyer has successfully taken cases to trial and won compensation for their clients. Insurance companies may try to pressure you into settling for less than your family is entitled to receive in order to save money, but a skilled birth injury attorney can evaluate your case and ensure that any settlement or jury verdict fully accounts for the damages you’ve incurred.
This can include past and future medical bills, therapy and treatment costs, lost income, pain and suffering, and a reduced quality of life. A birth injury lawyer can also pursue access to New York’s Medical Indemnity Fund, which is set aside for families whose children have been injured during the delivery process.
A medical malpractice lawsuit can be complex and difficult to win. You will need to show that the doctors and hospitals involved in your child’s birthing process committed a breach of their duty of care and that this breach directly led to your child’s injuries. Your lawyer should be familiar with the types of evidence required to prove these elements and have a thorough understanding of the legal rules that apply to this type of case.
Compensation
The compensation a family receives in a successful birth injury lawsuit can help them pay for their child’s current and future medical expenses, lost wages from time spent away from work, therapy costs, emotional distress, and a diminished quality of life. Parents should also understand the tax implications of any award they receive.
An experienced birth injury lawyer will build a case that proves medical professionals owed the injured family a legal duty of care and failed to uphold this standard. This failure to comply with the accepted level of care is considered medical malpractice.
Most states’ medical malpractice laws provide a set of procedures for families to follow when they suspect a doctor or hospital has committed negligence during a delivery. Many of these steps include consulting with an attorney and reviewing medical records. In most cases, a lawyer will also consult with expert witnesses to define the accepted standard of care and explain how the injuries occurred.
The lawyers will then contact the medical providers to notify them of the malpractice claim. If the doctors or hospitals refuse to settle, the lawyer will file a lawsuit in the local courthouse. Once the lawsuit is filed, a judge or jury will decide who wins the case.
Medical malpractice lawsuits are complicated and time-consuming, especially if the case is complex. The lawyers must prepare documents and present evidence such as medical records and photographs. They must also gather testimony from witnesses such as the child’s grandparents and other close relatives. They will also depose doctors and other medical staff to obtain statements under oath about their actions during the delivery.
Because medical malpractice is so complex, settlements are less common than verdicts. However, an experienced birth injury lawyer will know how to approach a defendant and negotiate a fair amount for the family. They will also be prepared to go to trial if necessary. Medical malpractice trials are risky, stressful and emotionally exhausting for plaintiffs, but they may be the best way to win maximum compensation. This is particularly true for birth injury lawsuits, which often generate sympathy from juries and result in high verdicts against the doctors or hospitals.