Birth Injury Law Firm will review medical records and bills, consult with experts, and build a strong case for your family. They will also manage all aspects of the legal process and ensure that the appropriate deadlines file your lawsuit.
A birth injury claim can provide compensation that helps pay for costly medical treatments and other expenses associated with your child’s diagnosis. Find out if you qualify for a free case review right now.
The birth of your child should be a joyous occasion, but sometimes, medical errors during labor and delivery can lead to life-altering injuries for both mother and infant. An experienced birth injury law firm can help you hold negligent medical professionals accountable for their mistakes and recover financial compensation for your family.
Your legal team will review all the details of your case and gather all relevant documentation, including prenatal care, labor and delivery, and post-treatment medical records, to build a strong argument that your child’s injuries were caused by medical negligence or malpractice. A successful lawsuit will allow you to receive payment for your child’s past and future medical expenses, loss of income because of reduced work hours or a reduced ability to work home modifications, and other costs associated with caring for your disabled child. You can also receive damages for your own hardship and emotional distress.
A medical malpractice law firm with national reach will understand how the laws in each state can affect a birth injury claim and have the resources to work within any court system. A good firm will also have a strong attorney-client relationship and treat you like family while taking the burden of filing a medical malpractice suit off your shoulders so that you can focus on what’s most important – caring for your child.
A free case review is the first step in working with a birth injury law firm. Even if you aren’t sure whether medical malpractice occurred, the firm can still assess your situation and provide guidance.
Suppose the review indicates that you may be able to file a birth injury lawsuit. In that case, your attorney will write a letter to the medical providers who were responsible for your child’s injuries. This is known as a notice of claim and starts the discovery phase of your case.
Your legal team will conduct a thorough investigation of your case, including interviews with witnesses, expert testimonies, and medical documents to build a solid argument that the injury was preventable and caused by the medical professional’s negligence or malpractice. Your lawyer will also negotiate with the medical provider’s malpractice insurers to try to settle your case. If a settlement cannot be reached, your lawyer will prepare to take the case to trial.
Medical Malpractice
If you or your child suffers from a birth injury, you have the right to claim compensation from medical professionals who may have been negligent during the delivery process. A lawyer who specializes in birth injuries can help you understand your legal rights and work to recover compensation for damages such as your child’s current and future medical expenses, treatment costs, lost wages, emotional distress, and more.
Medical professionals are expected to follow a high standard of care when treating pregnant women and children. When they do not, it can lead to serious consequences for the mother and child. Birth injuries often occur when medical professionals make errors during or shortly after the delivery of a baby. These errors are considered medical malpractice and can be grounds for a lawsuit.
In order to win a case against medical malpractice, your attorney will need to prove that a doctor or other health care provider breached their duty of care. This is not always easy and can involve expert testimony to explain how the breach caused the injury. Your lawyer will need to collect documentation of the injury such as hospital bills and statements from your physician.
Your attorney will file a lawsuit against the medical professional who is accused of malpractice. They will become the plaintiff and the health care providers that caused your child’s injury will become the defendants. Once the lawsuit is filed, both parties will go through a discovery phase in which they exchange information and evidence including maternal and fetal medical records, depositions of witnesses, expert testimonies, and more.
Many cases involving medical negligence are resolved through mediation or a settlement with the defendants. If this cannot be achieved, the case will be tried before a judge or jury. A successful trial can mean large awards of compensation for you and your family. A specialized birth injury law firm will have the resources necessary to successfully pursue your claim such as on-staff medical experts, nurse case managers, and a wealth of medical data. They will also know how to negotiate with insurance companies on your behalf.
Birth Injuries
When a medical mistake happens during labor and delivery, it can leave a child with a permanent disability. Even worse, some birth injuries are life-threatening and can cut a child’s life short. When a family suffers this kind of loss, they need financial compensation to cover their losses and ensure that their child has access to the proper care that will allow them to have a healthy, happy life.
A skilled birth injury law firm can help a victim and their family recover the damages they deserve. They will conduct a free case review to evaluate the merits of the claim. If there is a valid claim, they will take over all of the details involved in filing a lawsuit against a negligent hospital or physician. They will gather all necessary documentation, including medical records, expert witness opinions, and any other relevant documents. They will also handle all communications with the defendant’s insurance company and defense lawyers to avoid any miscommunication that could affect the outcome of the case.
Proving that a medical professional committed malpractice requires a strong case of evidence, such as medical records, expert witness testimony, and other documents that show that the medical professional departed from the accepted standard of care. A seasoned birth injury attorney will know how to build a strong case and identify all parties that may be responsible for the injury.
Once they have a solid case, the birth injury attorneys will file a lawsuit against the liable parties. If the parties cannot reach a settlement, they will go to trial to have a judge and jury decide the case. They will have to prove that the medical professionals violated their duty of care and that this negligence resulted in a birth injury or death.
Winning a claim can’t undo the damage caused by medical mistakes, but it can relieve some of the stress for a family. The money awarded will pay for medical bills, therapies, equipment, and home accommodations that are necessary for a child’s care. It can also include compensation for lost income, emotional distress, and pain and suffering.
Compensation
A successful birth injury lawsuit can provide your family with much-needed financial compensation. This can help cover current and future medical expenses, therapies, equipment, home accommodations, and more. While no amount of money can undo your child’s injuries, a settlement or verdict award can help ease some of your burden and allow you to focus on caring for your child.
In order to obtain compensation, your attorney must prove that your child’s medical professionals failed to meet the accepted standard of care. To do so, your lawyer must collect and review medical records, identify policies and protocols that were violated, secure expert witness testimony, and more. Your attorney will also take over communications with the insurance company and defense lawyers on your behalf so that you can focus solely on your child.
Filing
After your free case review, your attorney will file a medical malpractice claim against the health care providers who caused your child’s birth injuries. Your legal team will then negotiate with the medical providers’ malpractice insurers to try and reach a settlement. If a settlement is not possible, your legal team will prepare for trial.
During discovery, your legal team will gather documentation such as maternal and fetal medical records, depositions, expert testimonies, and more to establish that your child’s injuries were the result of medical negligence. Your attorney will also use this evidence to prove your child’s damages including past and future medical expenses, lost earning capacity, pain and suffering, emotional distress, and more.
Injuries sustained during pregnancy, labor, and delivery are incredibly serious. These injuries may cause permanent disabilities that can dramatically impact a child’s quality of life. As a result, it is vital that parents seek financial compensation from the responsible medical professionals. To do so, they must work with a reputable birth injury law firm that understands medical malpractice.