Birth Injury Lawyers

Atlanta Birth Injury Lawyers can help you build a strong case by reviewing medical records, securing expert testimony, and identifying violated policies and procedures. They can also handle communications with insurance companies and defense lawyers on your behalf.

They can negotiate a settlement or take your case to trial if an agreement cannot be reached. They can help you recover damages that cover medical costs, therapy expenses, home accommodations, and other related expenses.

Medical professionals have a legal duty to uphold the standard of care. Failure to do so can be considered medical negligence or malpractice, and families affected by such mistakes may be entitled to financial compensation. A birth injury lawyer can help families recover the necessary damages, providing them with the resources they need to move forward and find closure for this difficult chapter of their lives.

To have a successful claim, attorneys must build a strong case. To do this, lawyers will need to prove a few key elements. First, they must establish a provider-patient relationship, which can be done by using hospital records and documents. Then, they must demonstrate that the medical professional owed a duty to their patient and did not uphold this duty during delivery. Next, they must show that this breach of duty led to the infant’s injuries. This can be done by examining expert witness testimony, medical records, hospital policies, disciplinary records, eyewitness statements, and video evidence.

Finally, they must show that the injury caused substantial damages. This can be done by examining economic and noneconomic damages, including pain and suffering, loss of enjoyment of life, and loss of consortium. It’s important to note that medical malpractice claims are highly complex. The doctors and hospitals that are sued often hire skilled defense lawyers to fight these cases, making it challenging for victims to receive a fair settlement.

Insurers often try to pressure victims into settling for less than their cases are worth. A birth injury attorney can review your case and ensure that any settlement you accept reflects the full extent of your losses.

When you hire a birth injury attorney, they can handle all communications with insurance companies and the medical providers on your behalf. This allows you to focus on caring for your child and planning for the future. They can also help you to secure comprehensive compensation that addresses your family’s needs, including future treatment costs and ongoing home modifications. They can also help you gain access to New York’s Medical Indemnity Fund, which provides additional benefits for families with injured infants.

They Can Help You Recover Financial Compensation

The medical negligence that causes birth injuries can have a devastating financial impact. The cost of the injury can add up quickly with long-term therapy, medical equipment, home modifications, and ongoing expenses. Financial compensation can help alleviate some of this burden and allow families to focus on what’s most important: their child’s recovery.

Bringing a lawsuit against a healthcare professional can hold them accountable for their actions and ensure they do not make the same mistake in the future. This may also lead to changes in hospital policies that reduce the rate of medical errors.

A lawyer can build a strong claim by reviewing medical records and securing the opinion of an expert witness. They can identify the standards of care and prove that the medical provider failed to meet those standards through a breach of duty or other action.

They can also calculate and document your damages. Depending on the nature of your case, you may be entitled to economic and noneconomic damages. These include medical bills, lost wages, loss of enjoyment of life, and pain and suffering. In addition, in more egregious cases, a judge or jury can award punitive damages to punish the defendants for their extreme carelessness.

When choosing a birth injury attorney, ask them how many cases they’ve taken to trial and what their pretrial settlement rate is. A lawyer with a high rate of successful pretrial settlements and who has extensive experience in this area of law is likely to have a better understanding of how to negotiate with the insurance companies.

A qualified birth injury lawyer can protect you against unfair offers from the insurance company and ensure you receive a fair amount for your claim. The sooner you contact a lawyer, the more they can do to gather evidence and build a strong case that will increase your chances of recovering maximum compensation. Medical malpractice claims often have strict deadlines, and the longer you wait, the more difficult it can be to prove that a healthcare professional was negligent. For this reason, it is important to consult a birth injury lawyer as soon as possible.

They Can Help You Find Closure

The birth of a child is supposed to be a joyful and miraculous event, but when medical mistakes are made during the delivery process, it can leave families in utter turmoil. The good news is, it doesn’t have to be this way. If you think that your child may have suffered an injury due to a medical professional’s negligence, a qualified birth injury lawyer can help you take action.

The first step in filing a claim is ensuring that the statute of limitations is not yet expired. Birth injury cases fall under medical malpractice, which means there is a specific window of time in which you must move forward with the lawsuit. An experienced attorney can make sure that you do not miss this deadline and that you have a strong case.

Building a strong claim requires gathering a significant amount of evidence. To do so, your legal team will collect medical records, obtain expert opinions, identify any policies and procedures that were violated and gather witness testimony. Your lawyer will use this information to build a compelling argument and demonstrate that the medical professional in question owed you a duty of care and failed to adhere to this standard.

Once your legal team has gathered all of this evidence, they will file the appropriate paperwork with the court. You will become the plaintiff, and the doctor or hospital that you are suing will become the defendant(s). The parties will then go through a mediation process where they will attempt to reach a settlement outside of court. If a settlement cannot be reached, your attorneys will prepare for trial.

In some cases, medical providers will try to shift blame or minimize their responsibility for the injury. In other instances, they may try to pressure you into accepting a settlement that does not accurately reflect your child’s injuries and losses. A skilled birth injury lawyer will assess your case, negotiate on your behalf, and fight to ensure that you receive a fair compensation award.

Families who have a child with an injury are already struggling with expensive medical bills, therapy sessions and home accommodations. Hiring a birth injury lawyer should not be another financial burden, which is why these attorneys work on contingency fee contracts. This means that you do not have to pay your legal fees upfront, but will only be charged if they are successful in winning you a settlement or jury verdict.

They Can Help You Find the Right Treatment

If you hire a birth injury lawyer, they will help you secure the financial compensation you need to pay for your child’s medical treatment and care, lost income from time off work to care for your child, emotional distress, and more. They may also assist with pursuing access to New York’s Medical Indemnity Fund, which is money set aside for the future cost of healthcare for children who suffer from birth injuries caused by medical negligence.

A successful medical malpractice claim requires evidence that the doctor or hospital committed a mistake and that this mistake negatively impacted your child’s health. Your attorney will review your child’s medical records and/or hire medical experts to do so. They will also investigate the circumstances surrounding your child’s birth to see if there was any negligence that contributed to your child’s injuries.

When your birth injury lawyer has enough evidence, they will contact the doctors and hospitals to notify them of a potential malpractice lawsuit. They will then negotiate with the insurance companies to try and settle the case. They have the experience to evaluate your case and understand the tactics insurers often use to pressure you into settling for less than your child deserves.

If the insurance company is reluctant to offer a fair settlement or the statute of limitations deadline is approaching, your birth injury lawyer will file a legal malpractice lawsuit in court against the doctors and hospitals. The lawsuit will name you and your child as the plaintiffs and the medical providers as the defendants. The lawsuit will involve a process called discovery, during which all parties exchange information and provide depositions, or sworn statements, from witnesses.

Medical malpractice cases rarely go to trial, and yours will likely be no exception. Most attorneys prefer to settle such claims out of court as it is less risky, costly, and stressful for everyone involved. During the settlement process, your attorney will be prepared to take your case to trial if necessary, but the fact that they are willing to fight for you in court increases their chances of winning a substantial settlement.