While pregnancy and childbirth are safer than ever, not every birth is free from problems. If those problems are linked to unacceptable care by a healthcare professional, it may be possible to make a clinical negligence claim.
Compensation may cover immediate medical costs as well as long-term care costs. This could include rehabilitation, therapy (physical, occupational and mental health), home and vehicle modifications and in-home care. Talk to an expert Birth Injury Lawyer In Atlanta to learn more.
Case Of Birth Injury
When doctors or hospitals make mistakes, it can result in life-altering injuries for babies and their families. In the most severe cases, these errors can have life-long consequences and even lead to wrongful death. However, victims can seek redress in a medical malpractice claim. The process is challenging, but an experienced attorney can help to ensure that your rights are protected.
The key to a successful birth injury case is to demonstrate that the doctor or hospital failed to provide appropriate care during labor and delivery, leading to an injury or death. The attorney will need to review all the available evidence, including medical records and other relevant documents. They will also need to obtain expert opinions from physicians who can provide critical insights into whether the doctor departed from the standard of care.
It is also important to identify all defendants in the case. Typically, the doctors and hospital involved in the case will be named as defendants. Depending on the circumstances, other parties may be named as well, such as the manufacturer of the medical device used during the birth or another entity that might have some liability. The attorney will investigate all possible defendants and collect all available evidence to support the claim.
Once all the information has been collected and the expert opinions obtained, the lawyer will construct a legal argument to prove the four parts of the birth injury claim. In addition to the evidence gathered and analyzed by the attorney, the client will need to produce proof of past and future damages. These damages will include compensation for all medical expenses, loss of income, and other economic losses. In some cases, punitive damages can be awarded as a way to deter similar behavior in the future.
Ultimately, the decision to settle or go to trial will be a personal one for the client and their attorney. If the client believes that there is strong evidence that medical professionals or a hospital was at fault, then going to trial might be a better option. However, if the evidence is less clear and there are other explanations for the birth injury, then a settlement might be a wiser choice.
Case Of Wrongful Death
When a medical error or malpractice during pregnancy, childbirth, or immediately following delivery causes harm to the infant or mother, it can result in a birth injury claim. The resulting financial compensation can help reduce the strain on families and alleviate their suffering caused by the injuries.
A specialist solicitor uses witness statements, medical records and the input of impartial medical experts to establish a chronology of events leading up to the injury. From there, they determine if a medical professional’s actions or lack of action fell below the accepted standard of care.
In many cases, medical professionals must provide a written report of the incident and may also be asked to testify at a trial. This is a crucial component of the legal process and provides powerful insight into what went wrong, allowing attorneys to construct a persuasive case for their client.
Documentation is also critical when seeking damages for long-term and life-changing birth injuries. Some children will require lifetime care and specialized treatment, as well as medical bills, therapeutic interventions, and equipment costs. A lawyer can calculate the estimated future cost of your child’s care through a life-care plan and seek a settlement that takes these costs into account.
Some families will need access to the Medical Indemnity Fund, which covers the cost of certain obstetric care. The funds may not cover all expenses incurred, but they can significantly reduce the amount of money needed to pay for a successful recovery.
A legal team can also help deal with insurance and medical bureaucracies, alleviating some of the stress from a difficult situation. By engaging a birth injury attorney, families can focus on caring for their child. If you have questions about a potential birth injury claim, contact our law firm today to set up a free consultation. A lawyer can discuss the facts of your case and recommend a course of action.
Case Of Medical Malpractice
A successful birth injury claim requires extensive evidence. This may include medical records demonstrating adherence to the appropriate standard of care, hospital policies and procedures, witness testimony, video evidence, expert witness involvement, insurance coverage, income statements and more. Specialist solicitors will also consider future needs, including life-long treatment and rehabilitation. This information can help calculate an appropriate settlement.
An experienced medical malpractice attorney can secure a maximum award for a client. This can include both economic and non-economic damages, as well as punitive damages in egregious cases. A court must approve the terms of a settlement before awarding it.
Obtaining a settlement is often preferable to going to trial. A medical malpractice case can be highly emotional and stressful, particularly for the victims and their families. It is also difficult to predict how a jury will react, so it is safer to negotiate a fair compensation amount.
Many states have set up funds to assist families affected by medical negligence during pregnancy or childbirth. These programs are financed with a portion of malpractice insurance premiums or through taxes collected from doctors and hospitals. These funds are then pooled into a resource to cover life-long medical expenses and rehabilitation costs for those who are injured by a doctor’s actions or inaction.
Parents who are suffering from a birth injury can feel helpless and scared about their child’s future. A legal claim can give them the financial support they need to develop a care regime that is best for their child and ensure they have access to ongoing medical treatment.
A lawyer can help a victim pursue a medical malpractice lawsuit for an injury sustained during a traumatic delivery. Whether the injury was caused by improper use of a medical tool, inadequate response to fetal distress, failure to perform a C-section or other errors during labour and delivery, a legal team can help a victim build a strong case and gather vital evidence. A specialist solicitor can also review the input from impartial medical experts to establish a timeline of events and link a breach of duty of care to the resulting injuries.
Case Of Failure To Diagnose
While a successful birth injury claim may bring financial compensation, it can also provide access to necessary medical equipment and therapies that families would otherwise have difficulty affording. This includes the cost of home accommodations and accessibility aids to help children with physical and intellectual disabilities. Unfortunately, many medical errors that cause birth injuries do not become apparent until the child is older and has missed developmental milestones. This can leave the family reeling from an emotional and financial standpoint.
A successful birth injury claim requires a thorough analysis of medical records and expert testimony from qualified medical professionals. These experts can examine the medical records and witness depositions, as well as testify at trial, to prove that the medical professional violated the appropriate standard of care. This will involve proving the provider-patient relationship, adherence to the medical standard of care, breach of that standard, causation and damages. Other important evidence may include a medical malpractice case review, hospital policies, witness statements, video evidence and income statements.
In addition to proving that the healthcare provider acted outside of acceptable standards, the claimant must demonstrate how these actions directly resulted in the child’s birth injury. In the context of birth injuries, this can include anything from failing to diagnose fetal distress, delayed delivery or improper use of tools like forceps and vacuum extractors. It can also include a failure to identify the mother’s medical condition such as gestational diabetes or preeclampsia, and/or to treat the condition.
To calculate the actual damages that are owed, the lawyer can work with a life-care planner to project the child’s projected future medical costs, including ongoing therapy and assistance, medication, medical devices, home modifications, education, and other needs. This will be based on the child’s prognosis, current research and data.
A birth injury attorney can guide parents through the process of pursuing a medical malpractice claim for a child’s birth injury. Our experienced lawyer takes a hands-on approach to all her cases. She will not pass your claim on to an associate or less-qualified attorney, and she will speak directly with medical experts to find the answers that you need. She will fight vigorously to get the full amount of damages that you are entitled to under the law.
