Your family needs financial compensation for your child’s medical care, therapy, and home accommodations. Insurance companies know this and try to pressure you into settling for less than your case is worth.
Atlanta Birth Injury Lawyers can evaluate your case and fight for the damages you deserve. They will build a strong case using evidence such as medical records, expert opinions, and witness testimony.
Some birth injuries are completely unavoidable, but many could have been prevented. When medical professionals fail to provide proper care during labor and delivery, they can cause devastating injuries that leave children with lifelong disabilities. A lawyer experienced in pursuing compensation for families of injured children can investigate whether the injury was preventable and, if so, help hold the medical professionals responsible for the harm done.
A child with a permanent disability may need ongoing medical care and therapies to improve their condition. This can be expensive, and the long-term expenses can quickly mount. Families can be entitled to financial compensation from the hospital that provided the negligent care that led to the birth injury, including all economic and non-economic losses that the child will suffer in their lifetime.
There are a number of different types of birth injuries, and the symptoms can range from mild to severe. Mild injuries typically recover over time, but severe birth injuries can leave children with permanent disabilities or even death. Some birth injuries are due to the use of force during delivery, such as when doctors pull or twist too hard. These kinds of injuries can also lead to a broken bone or damage to the spinal cord.
In other cases, a medical professional may fail to diagnose the child’s condition. This can be frustrating for parents and healthcare providers, who will often only discover the child has a medical condition when they start to miss milestones in development. These delays can be the first signs of a serious birth injury, and they are often mistaken for other conditions such as autism or developmental delay.
If you think that your child’s birth injury might have been caused by a medical error, it’s important to act quickly. By working with a birth injury attorney, you can begin an investigation before the facts get lost or memories fade. You may be eligible to pursue financial compensation for your child’s lifelong costs, and you will not pay your attorney unless you receive a settlement or verdict in your case.
Medical Malpractice
Medical malpractice is negligence that causes injury or death and violates the doctor-patient relationship. It may include medical errors during a delivery, which can lead to severe and permanent birth injuries such as cerebral palsy. In many cases, medical mistakes can be prevented. A skilled birth injury lawyer can investigate a case to determine if there was medical negligence, and, if so, can file a lawsuit on the victim’s behalf.
The first step is establishing that the medical provider owed you and your baby a duty of care during the delivery process. This can be done with medical records and hospital bills or by hiring experts to review the case. Once this is done, the birth injury lawyer will begin preparing the claim for filing. They will submit a demand package to the doctor’s or hospital’s malpractice insurance company before filing a lawsuit. The medical providers will then work with the insurer to negotiate a settlement. Injury lawyers have extensive experience in negotiating with medical providers and their insurers, and they know how to handle the pressure tactics that insurance companies often use to minimize settlement offers.
Most medical malpractice claims, including birth injury claims, settle out of court. This is usually due to the fact that doctors and hospitals do not want the negative publicity of a trial. If a settlement cannot be reached, the case will proceed to trial, and a jury or judge will decide who wins.
A good birth injury lawyer can help you secure financial compensation to pay for treatment costs associated with your child’s condition. These can be extremely expensive, especially if your child has a severe or permanent disability. Obtaining financial compensation can help you afford to pay these expenses and give your child the best possible life. A quality birth injury lawyer can also ensure that your settlement is adequate to cover future treatment and care needs. For example, your child may need ongoing therapy sessions to mitigate disabilities such as cerebral palsy. If the severity of your child’s condition increases, your family will need additional care that could require you to take time off from work to be available for them.
Statute of Limitations
In many states, there are deadlines called statutes of limitations that limit how long a person has to file a lawsuit. A lawsuit filed after the statute of limitations expires is likely to be dismissed, even if the claim has merit. The purpose of these rules is to encourage people to bring claims while physical evidence remains available and witnesses’ memories remain fresh.
The specific rules governing how much time someone has to pursue a birth injury lawsuit are set by individual states. In New York, the statute of limitations for a birth injury is two and a half years from when the injury occurred. However, there are several exceptions that may affect the statute of limitations. For example, if the injury was not discovered right away, the statute of limitations is usually extended until it is found. Additionally, most states have different statutes of limitations for children and adults. In general, children generally have to file a claim on their own behalf before their 18th birthday and adults have until their 20th birthday to file.
To win a lawsuit, a plaintiff must prove that the defendant owed them a duty and failed to meet this duty under the circumstances. This requires gathering medical records and obtaining expert opinions. It also requires identifying the policies and protocols that were violated and securing witness testimony. Generally, the more thorough and strong the evidence, the better chance of winning compensation.
A successful lawsuit can recover compensation for a variety of losses including medical bills, future care costs, home accommodations, therapies, and other expenses. In some cases, the plaintiff can also recover non-economic damages such as pain and suffering. The amount of compensation awarded depends on the strength of the evidence and will be determined by a jury.
Medical malpractice suits can hold negligent doctors responsible for their actions and help families obtain closure. In addition, these suits can help other families learn about the dangers of certain procedures and keep other mothers and babies safe. It is important to consult with a knowledgeable attorney as soon as possible to get started on your case.
Compensation
A birth injury lawsuit is a way for families to hold medical professionals responsible for the consequences of their careless or reckless actions. While legal action cannot reverse the effects of an injury, it can obtain resources for the future and motivate medical providers to improve safety training.
Financial compensation can help cover the cost of a child’s extensive medical bills and long-term care needs, as well as other expenses related to the injury, including modifications to a home and equipment. This can ease the burden on a family, giving them the time and peace of mind to focus on caring for their child.
The amount of compensation a family receives depends on how severe the injury is and the resulting impact. Your attorney can consult with medical and financial experts to determine an appropriate settlement for your case. They will consider things like immediate and long-term medical expenses, ongoing therapy costs, and other life impacts caused by the injury.
To win a birth injury lawsuit, you must prove that the medical provider involved in your child’s delivery failed to meet generally accepted standards of professional care. Your lawyer can build a strong case using medical records, expert opinions, and witness testimony. If your child was injured due to the care of a specialist, such as an obstetrician, you will need to secure expert testimony from another doctor who is qualified in that field.
Medical negligence claims against healthcare professionals often depend on the actions they took before, during, and after the child’s delivery. During this process, the attorney will review your child’s medical history and examine all of the evidence in your case. They will also look into the policies and procedures of the hospital and other doctors involved in your child’s delivery.