A medical mistake during childbirth can leave your family with life-altering consequences. A birth injury attorney can help you pursue compensation from the medical providers who committed malpractice.
Your lawyer will have to prove that your medical professional owed you and your baby a duty of care. He or she must also prove that your doctor breached this duty and caused an injury. Contact Birth Injury Attorneys now!
After waiting nine months to finally hold your newborn in your arms, the last thing you want is to watch them suffer due to medical negligence. When preventable errors cause birth injuries, it can devastate families and create a lifetime of medical bills, care costs, and emotional suffering. A successful birth injury lawsuit can help families receive the financial compensation they deserve to pay for these damages and ensure that the responsible doctors are held accountable.
To prove a claim for medical malpractice, your lawyer will need to review the child’s medical records and identify evidence that medical professionals violated their duty of care. They may also need to hire experts to review the case and give a formal opinion as to whether or not medical malpractice occurred. This process can be time-consuming, especially when the family is already dealing with medical bills and caregiving duties.
Once your attorney has a strong case for medical negligence they will file the lawsuit in court on your behalf. They will then negotiate with the hospital’s insurance company to recover a fair settlement. If they are unable to reach an agreement, they will prepare for trial and argue the case before a judge and jury.
A successful lawsuit will award your family compensation for past and future medical expenses, loss of earning capacity, and noneconomic damages like pain and suffering. Damages are calculated based on the medical and economic experts your attorney works with to determine the full extent of your losses.
While medical malpractice claims are generally complicated and often require years of investigation, your legal team will do everything they can to settle your claim quickly and efficiently. If you have questions about the status of your case, your lawyer will be available to answer your concerns.
Many medical malpractice cases reach a settlement instead of going to trial. Medical malpractice insurance companies are well-versed in the process of negotiating settlements and will work to minimize their payouts. The sooner you get an experienced birth injury attorney working on your behalf, the better your chances of a quick and fair resolution.
Gathering Evidence
A birth injury attorney’s first step is to thoroughly investigate your case and gather all relevant evidence including medical records, witness testimonies and expert opinions. This information is used to build a strong foundation for your claim and will be important in convincing a jury that your child suffered damages.
The next step is to file the lawsuit. The lawsuit outlines the allegations and lists all parties to the case. It also gives the defendants a certain amount of time to respond. An experienced birth injury lawyer will be familiar with the laws in your state and how to properly file a legal complaint.
During this process, your lawyer will identify all of the parties responsible for your child’s injury and their respective insurance companies. They will also engage in a discovery process where both sides exchange potential evidence and other information that can be used to prove their case.
One of the most important pieces of evidence is your child’s medical records, which contain a wealth of information including diagnostic checks, treatments and any complications that may have arisen. These documents can be complex and filled with technical terminology, so your lawyer will leverage their understanding of medical procedures and engagement of experts to help interpret these records accurately.
An essential element of a successful birth injury lawsuit is proving that your doctor breached their duty to act with the appropriate standard of care in your specific situation. Your lawyer will work with expert witnesses, medical professionals who have extensive knowledge of accepted practices in their field, to help establish that your doctors violated their duty and that this was the cause of your child’s injury.
After establishing negligence, your lawyer will calculate the extent of your child’s injuries and the financial impact on you. This includes your child’s current and future medical expenses, loss of income due to the inability to work, loss of quality of life, and any emotional distress you or your family have suffered.
It is crucial to document all of these expenses and losses to ensure you receive the compensation you deserve. A good birth injury attorney will know how to properly assess your damages and argue persuasively for a fair settlement that fully covers all costs associated with the injury.
Negotiating With Insurers
Injuries to a child during labor and delivery can have devastating consequences for the entire family. A successful claim can provide financial compensation to cover current and future medical expenses, therapy and treatment costs, loss of income, pain and suffering, and more. However, pursuing damages for birth injuries can be a complex process with many hurdles that must be overcome. A skilled Baltimore birth injury attorney can level the playing field during negotiations with insurance companies and fight to obtain the maximum available settlement amount.
Birth injury attorneys can help families with the claims process by evaluating their case, identifying responsible parties, and investigating the cause of the injury. Once a viable claim is identified, the attorney will submit a demand package to the doctor or hospital’s malpractice carrier. This document will outline the allegations of negligence, the injuries sustained by the baby and parents, and a request for compensation. The malpractice carrier will then either accept or reject the demand package. If rejected, the attorney may decide to file a lawsuit.
A successful claim can provide compensation for all losses incurred by the baby and family due to the medical professional’s negligence. This can include past and future medical expenses for hospital visits, surgeries, lab tests and X-rays, physical therapy, medications, and other treatments; therapy and counseling costs, including psychiatric visits and cognitive behavioral therapy; disability accommodations, such as home modifications or vehicle updates to accommodate the child’s special needs; and loss of income, such as wages, bonus, overtime, and benefits.
It is also possible to pursue punitive damages in cases of medical negligence. Punitive damages are meant to punish the negligent parties for their wrongdoing and deter others from engaging in similar behavior. A birth injury attorney can assess the possibility of punitive damages and explain how they would apply to your case.
During settlement negotiations, a birth injury attorney can leverage their extensive knowledge of legal procedures and precedents to ensure the terms of any agreement reflect the full scope of the victim’s injuries. They will also understand the impact of any laws in your state that may affect the proceedings.
Litigating in Court
If your birth injury attorney cannot reach a reasonable settlement with the insurance company, they may decide to take the case to trial. In a lawsuit, your attorney must prove that the defendants breached their duty of care and that this failure caused your child’s injury. A judge or jury will then award compensation based on the evidence. This compensation can cover medical expenses, lost wages from time off work, in-home nursing care, therapy and rehabilitation, and non-economic damages like pain and suffering. In extreme cases, juries and judges may also award punitive damages to punish the defendants for their negligence.
Birth injuries are devastating for families, and the legal process is complex. The best way to protect your family’s interests is to hire an experienced New York birth injury attorney. An attorney will review your child’s medical records, identify the appropriate defendants, and build a strong case for maximum compensation. In most cases, your attorney will consult with medical experts to establish if the doctors missed an injury-causing error and determine the accepted standard of care.
Most malpractice claims, including those involving birth injuries, settle out of court. This is because most doctors and hospitals do not want negative publicity and the threat of a lawsuit. However, your lawyer will be able to negotiate with the insurer on your behalf and ensure that any agreement is in your family’s best interest.
Defendants in a birth injury case will depend on who was involved in the delivery. Typically, this will include the hospital where you delivered, as well as doctors who were present and the obstetrician who directed your labor and delivery. If possible, your attorney will name all of the defendants who could have contributed to your child’s injury.
A New York birth injury attorney can help you recover fair compensation to pay for your child’s extensive medical bills, therapies, in-home care, equipment, and other necessities. Financial compensation can also help to offset the impact of a serious birth injury on your family’s lifestyle and reduce your future financial burdens. If you think your child suffered a birth injury, contact a New York birth injury attorney to schedule a free consultation.