Medical mistakes during labor and delivery can have life-altering consequences for children. A birth injury lawyer can help families recover compensation from at-fault medical professionals.
They investigate the case, collect evidence, file a lawsuit, and negotiate a settlement with the insurance company. They also fight for a fair verdict at trial if no settlement is reached. Contact a Birth Injury Attorney now!
The birth of a child should be one of the most joyous moments of your life, but a medical mistake can easily turn that excitement into tragedy. A birth injury lawyer can help you hold at-fault healthcare professionals accountable and get the compensation you deserve. In order to win a case, your attorney will need to prove four key elements: duty of care, breach of duty, causation, and damages.
The first step in proving malpractice is establishing that the doctor involved in your case had a professional relationship with you and/or your baby. This can be accomplished through things like hospital bills and medical records. Next, your lawyer will need to establish that the doctor owed you a duty of care during the birthing process and that they violated this duty by committing medical errors. This requires a review of medical records and statements from eyewitnesses, which your lawyer will obtain as part of the investigation.
Once your lawyer has established that the doctor failed to meet the expected standard of care, they must demonstrate that these medical errors directly caused your child’s birth injury. This can be challenging, as your child’s injuries may have multiple causes. Medical experts and specialists will be able to help establish this link by reviewing medical records, interviewing witnesses, and providing expert testimony.
Finally, your lawyer will need to prove that you or your child suffered damages as a result of the injury. This can include physical or emotional harm, medical expenses related to the birth injury, lost income if the injury has prevented you from working, and pain and suffering.
Your lawyer will work with you to gather and analyze evidence in your case, file the necessary paperwork with the court of law, and negotiate with the hospital’s insurance company to recover a fair settlement. If a settlement is not possible, your lawyer will be ready to take your case to trial and present it before a judge and jury. Each personal injury case is unique, so a qualified birth injury lawyer will provide individualized assistance as you file your claim.
Gathering Evidence
When you file a medical malpractice lawsuit against a doctor who committed an error during the childbirth process, it’s important to have the right evidence to prove negligence. Medical records and expert testimony are the best sources of this evidence. An experienced birth injury lawyer will know how to collect this information and build a strong case that supports your claim for financial compensation.
An attorney who specializes in medical malpractice is often familiar with the way healthcare systems work and how to gather and preserve the right types of evidence for this type of case. This includes getting the necessary documents and testimonies from the hospital, doctor, nurses, and other witnesses. It’s also crucial to hire an attorney who is knowledgeable about the statute of limitations for filing these cases, which is a specific time frame within which you must file your claim or lose your right to sue.
To win a medical malpractice lawsuit, it is necessary to prove that the doctor’s actions deviated from the standard of care, that the deviation caused the injury, and that you suffered damages as a result. To establish the standard of care, your lawyer may consult other doctors and experts who can review the situation and provide a formal opinion on whether or not a doctor breached his or her duty during a specific situation.
Once your lawyer has this evidence, it’s time to file the actual lawsuit against the defendants who are responsible for your child’s birth injury. In most cases, this will include the doctor who delivered your child and any nurses and doctors involved in the delivery process.
The goal of your lawsuit is to get compensation for the medical expenses incurred due to your child’s birth injury, as well as the physical and emotional pain and suffering that you and your family have experienced as a result of the injury. You can also receive compensation for lost income if the injury has affected your ability to work or will prevent your child from being able to work when they are older.
Filing a Lawsuit
Often, medical malpractice cases must be filed in order to obtain fair compensation. A birth injury lawyer can help you determine if there is a case and file the necessary documents. They can also work to build your case by gathering evidence, such as medical records, and hiring experts who can testify in court. They can even handle the negotiations with the insurance companies involved.
The most important part of a medical malpractice claim is proving that the medical professional acted negligently and that this caused damage to the patient. A birth injury lawyer can help you gather the necessary documentation to prove this and then use it to build a strong case against the doctor or hospital.
Injuries suffered during the birthing process can have long-lasting effects on a child’s life and cause financial hardship for families. A legal team can help parents hold the at-fault medical workers responsible and secure adequate compensation to pay for a lifetime of expenses.
Generally, medical malpractice claims involve both economic and non-economic damages. Economic damages include past and future medical expenses, the cost of rehabilitation therapies, loss of earning potential, and more. Non-economic damages can include pain and suffering, loss of enjoyment of life, and more. A legal team can help you calculate all these damages and negotiate for the best possible settlement.
Once they have gathered the necessary evidence, your birth injury lawyers will file the lawsuit against the medical providers in question. They will also send letters to their malpractice insurers, which will then work with your lawyer to try to settle the case. Insurers are aware that a successful medical malpractice case can result in significant financial compensation. That’s why they put a lot of pressure on injured parties to settle their claims for less than what they are worth. Your birth injury attorney can fight back against these tactics and ensure that the settlement you receive fairly compensates you for your losses.
If the parties are unable to reach an agreement through settlement talks, the case will be taken to trial. An experienced lawyer can help you prepare for a trial by gathering additional evidence and preparing for cross-examinations. They can also make sure that you get the full amount of the damages award that you deserve.
Negotiating a Settlement
When medical mistakes occur during childbirth, they can have lifelong consequences. The civil legal system entitles injured children and their parents to receive financial compensation from responsible healthcare providers.
A birth injury lawyer can determine whether your child has a valid claim and guide you through the litigation process. They can assist with gathering and reviewing evidence, filing a malpractice lawsuit against the medical providers, and negotiating with insurers for a fair settlement. They can also help you develop a life care plan to cover future treatment costs and other losses.
Many medical malpractice cases result in large awards for damages. However, insurance companies use their experience and resources to pressure victims into accepting lower settlements than they deserve. A birth injury attorney understands how to evaluate your case and negotiate a settlement that fully compensates you for all your damages.
They are familiar with the tactics insurers use to reduce payouts and can anticipate their strategies. They can counter those tactics by showing the insurance company that your lawyer is ready to go to trial if necessary, which increases your negotiating power.
A skilled birth injury lawyer can also maximize your potential settlement by arguing for maximum economic damages. These include past and future medical bills, lost income, and other expenses related to your child’s injuries. Unlike non-economic damages, which may be subject to caps, economic damages are generally not restricted.
Birth injury lawyers have extensive knowledge of medical malpractice law, including the laws specific to each state. They can evaluate your case, file a lawsuit, and negotiate for a settlement that adequately covers your child’s current and future needs.
A reputable birth injury law firm will offer a free consultation to discuss your case. They will only charge you a fee when they win your case and secure compensation for you. The lawyers at JJS have over 40 years of combined experience pursuing justice for clients suffering from birth injuries due to the negligence of doctors and other medical professionals. They have recovered hundreds of millions of dollars for their clients, and they have secured record-breaking verdicts in multiple states.
