The birth of a child should be an occasion for joy, but medical negligence can turn that celebration into a nightmare. Birth Injury Attorneys can help families cope with their losses by securing compensation that covers the costs of their child’s ongoing care and future.
A successful medical malpractice claim hinges on proving that your healthcare provider failed to provide the standard of care that any reasonable medical professional would have provided under comparable circumstances. This requires a thorough examination of medical records and expert testimony.
Medical Records
You wouldn’t entrust open heart surgery to a general practitioner, and medical malpractice claims require an attorney who is well-versed in birth injuries and related medical issues. A birth injury lawyer is one such attorney, and they are highly skilled at securing compensation for families whose children have been harmed due to medical negligence during labor and delivery.
Upon taking on a new client, a birth injury lawyer will first gather medical bills and records to review for evidence of malpractice. When they have sufficient documentation, they will hire expert witnesses to analyze the case and provide a formal opinion on whether malpractice occurred. This is often a lengthy process.
If the expert witness agrees that medical professionals did not adhere to their legal duty of care, the lawyer will then file a lawsuit against all appropriate defendants. This typically includes the doctor, nurse and hospital involved in the birth.
Once a lawsuit is filed, the birth injury attorney will work with insurance companies to try to settle the claim. They have the experience and knowledge to negotiate successfully with insurers, avoiding common pressure tactics. If a settlement is not reached, the lawyer will prepare for trial.
Medical malpractice during pregnancy and childbirth can lead to a wide range of birth injuries, including cerebral palsy. This neurological condition occurs when an infant suffers from oxygen deprivation, which can be caused by blood loss, infection or placing pressure on the umbilical cord. Other conditions that may be cause by medical malpractice include paralysis, nerve damage and spinal cord injuries.
Cerebral palsy is the most common birth injury associated with medical malpractice, but there are many others that can occur as a result of negligence. The most common include:
A lawyer will use the information gathered from the medical records to build a case that demonstrates negligence and causation. They will also bring in experts such as skilled physicians and certified life-care planners to demonstrate what the long-term effects of a severe birth injury will be. This will help a jury understand what type of care a severely injured child will need and how the medical provider’s actions contributed to this. This will help in determining an award that is adequate to cover medical expenses, lost income and future care costs.
Medical Expert Testimony
Medical experts have a crucial role to play in any birth injury case. They review medical records and provide a formal opinion as to whether or not medical malpractice occurred. An expert witness can provide insight into surgical procedures, anesthesia errors, and other types of medical mistakes that can lead to a birth injury.
Medical expert witnesses are required to comply with the Daubert Rule and the AMA’s Code of Ethics in their testimony. They must also have enough clinical, research, or academic experience to be qualified to testify about the relevant topic. A birth injury attorney can help you select an appropriate expert and ensure that they are qualified to testify.
Once an expert has reviewed the medical records, a birth injury lawyer can analyze the evidence and determine whether or not there is a strong basis to file a lawsuit against a medical professional or hospital. This may require bringing in another medical expert to consult on the matter and provide a second opinion.
If there is a valid claim, a birth injury attorney can take over the communication with insurance companies and medical providers to protect their client’s interests. They can also navigate the pressure tactics insurers often use to force families into a quick settlement.
Injuries that result from medical negligence can be severe and long-lasting. These injuries can cause significant financial costs for a family, such as medical expenses, lost wages, and ongoing therapy fees. A medical malpractice claim can help a family recover these damages and put a stop to the negligent medical provider’s behavior.
When you hire a birth injury lawyer, they will work to prove that your child’s injuries were caused by a medical professional’s negligence or wrongful action during the delivery process. They can then help you pursue a fair and reasonable settlement that adequately covers your family’s losses. If a settlement cannot be reached, they can file a lawsuit to bring the matter to trial. Having a Rochester birth injury lawyer can make all the difference in getting the compensation you deserve for your child’s medical bills, loss of income, and other damages.
Negotiations
Often, the medical professionals involved in a birth injury case will have malpractice insurance. When this is the case, an injured child and their family must deal with the insurance company to negotiate a settlement. A birth injury attorney will work with these insurers to ensure the child and their family receive fair compensation.
The lawyers who specialize in this type of litigation know the tactics that insurance companies use to minimize their payouts. They also have the experience and knowledge to fight back against these pressure tactics.
This includes contacting medical experts who can review the case and give an opinion as to whether malpractice occurred. It is crucial to do this because if a medical expert believes that the doctor or hospital failed to meet the appropriate standard of care, it is possible for the claimant and their family to pursue monetary damages.
After reviewing the medical records and obtaining an expert opinion, the birth injury attorneys will prepare to file the actual lawsuit. They will list all of the defendants in the case including the physician, nurse, and the hospital that is responsible for the injury. They will then submit the lawsuit to a court and await a judge and jury decision.
A successful lawsuit can result in compensation for various categories of damages. These include the cost of future medical treatment, lost wages from taking time off to care for the child, pain and suffering, loss of consortium, and more. While a settlement or jury verdict cannot undo the harm caused by medical negligence, it can help a family cope with the consequences and move forward.
Having an experienced birth injury lawyer on your side can be invaluable. Contact one of the lawyers to learn more about how they can assist you with your birth injury lawsuit. They can handle the medical records, obtain expert testimony, and deal with insurance companies and defense lawyers on your behalf. They do this all on a contingency fee basis so that you do not have to pay anything upfront to secure their services.
Trial
Medical malpractice claims can be complicated, but a skilled birth injury attorney knows how to handle each step of the process. These lawyers work hard to uncover evidence of negligence by examining medical records and consulting with expert witnesses. By demystifying this complex legal process, these attorneys provide families with peace of mind and help them hold at-fault healthcare professionals accountable.
When a medical professional commits negligence during childbirth, the consequences can be devastating for both mother and infant. Many of these injuries leave children with permanent disabilities and lifelong health concerns. In addition, medical negligence can cost families extraordinary financial expenses. For this reason, it is critical for families to pursue monetary compensation from those responsible.
A medical malpractice lawyer can help families seek compensation by establishing four key elements in the case: duty of care, breach of that duty, causation and damages. They can do this by reviewing medical records, securing witness statements, identifying policies and protocols that were violated and securing expert testimony to demonstrate that the healthcare professional deviated from accepted standards of care.
It is important to ask potential birth injury attorneys how many cases they manage at one time and whether or not they have a dedicated team of support staff. This can help ensure that your case receives the attention it deserves and that you are always able to reach your lawyer when needed.
Another important factor to consider is whether or not your potential lawyer is willing to go to trial. This is because insurance companies are more likely to offer a fair settlement when they know that your lawyer has the confidence and capability of standing up in front of a jury and fighting for your rights.
A medical malpractice claim can be a long and arduous journey, but it is imperative for families that have been affected by a medical error to hold at-fault healthcare professionals accountable. With the assistance of a qualified birth injury attorney, families can obtain much-needed financial compensation for their child’s current and future medical expenses, therapy costs, home accommodations and more.