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Why Hiring a Birth Injury Attorney Is Essential
Small medical mistakes during labor and delivery can cause severe and sometimes preventable injuries. Compensation for these types of cases can help families cover the cost of necessary treatments and improve their child’s quality of life.
A lawyer can file a lawsuit and demand compensation from the people responsible for your child’s birth injury. They will investigate and collect evidence to establish negligence, including consulting expert witnesses. Turn your pain into power with Atlanta Birth Injury Attorney by your side.
A birth injury attorney can help a family recover compensation for their child’s medical expenses, lost earnings, long-term care costs, and emotional damages. The medical bills alone can quickly exceed a million dollars.
When a doctor, nurse, anesthesiologist, or another medical professional commits a birth injury, they must be held accountable. However, proving that they breached their duty of care can be difficult. It is necessary to gather detailed medical records and secure expert testimony to identify inconsistencies, omissions, or errors. Statements from people who were present during the delivery, such as other nurses or doctors, can also help to corroborate the details of the case.
The first step in proving negligence is showing that the doctor or medical professional acted outside of what is considered to be a generally accepted standard of practice within their field. This is called “establishing the standard of care.” Your lawyer will consult with medical experts to review the medical records and provide their opinion on whether or not a doctor’s actions fell below the standard of care.
If you are successful in establishing that a healthcare provider acted outside of the standard of care, the next step is demonstrating that this breach directly caused your child’s birth injury. This requires a thorough investigation of the medical records and establishing a clear timeline of events leading up to the injury. An experienced birth injury attorney will know how to analyze the medical records and other evidence in order to determine what injuries were caused by a breach of the standard of care.
Once a claim has been successfully established, the final step is to obtain damages. This includes payment for the current and future medical costs, therapy expenses, medication, equipment, home modifications, loss of earnings, and mental and physical pain and suffering. In cases of particularly egregious negligence, a jury may award punitive damages, which are meant to deter the defendant from further misconduct in the future and make an example out of them.
A New York birth injury attorney can help you hold negligent healthcare providers accountable for their actions and ensure that your child receives the treatment they need to live a full life. Contact a lawyer today to learn more about how a birth injury lawsuit can help your family.
Birth Defects
When a child is born with a birth defect, the medical professional responsible for that child’s care must take steps to help them. Unfortunately, many of these medical professionals are not held accountable for their mistakes and instead, families have to pay the price for years to come. A birth injury attorney can provide the legal help needed to seek compensation that helps cover medical expenses, therapy and other damages resulting from an infant’s birth injury or defect.
Birth injuries are typically due to medical negligence or malpractice during pregnancy and delivery. A medical malpractice claim can be brought against a doctor, nurse, technician or any other health care provider who fails to perform their duties within the accepted standard of practice for their profession.
While the incidence of medical errors has declined in recent decades, they are still common and can have devastating effects for patients and their families. Injuries can range from minor to permanent and may have a lifelong impact on a child or even shorten their life-span. The financial burdens of birth defects and injuries often weigh heavily on parents, as they must pay for expensive medical treatments and therapies that will likely be needed for the rest of their child’s lives.
In addition to a physical birth injury, a child can also be affected emotionally and psychologically by the traumatic experience of a medical error during labor and delivery. These emotional and psychological injuries can be difficult to measure, but an experienced birth injury attorney can assist in obtaining compensation to help with these losses.
The lifetime cost of a birth injury can be immense and include a variety of different losses including financial costs (the cost of care, medication, loss of income and other expenses) and non-financial damages such as pain and suffering, disfigurement, emotional distress and more. A lawyer who is familiar with birth injury cases can help determine the full amount of damages you should be entitled to, and may be able to identify multiple parties who share responsibility for your child’s injury.
A birth injury lawsuit can be a complex process and requires substantial evidence to support the claims made. A lawyer will be able to help gather the necessary documentation and present it in a way that can make an effective case for compensation. Expert testimony can be a vital part of a successful claim and is usually sought from specialists in the relevant field of medicine who can help explain complex medical issues to the court.
Seizures
Seizures occur when abnormal electrical activity disrupts the brain, leading to changes in behavior and movement. They may be triggered by infections, injuries to the head or brain during labor and delivery, or metabolic disorders such as low blood sugar or high blood pressure. Newborns who experience seizures are at risk of suffering from permanent and debilitating injuries that can have a lasting impact on their quality of life.
An experienced birth injury attorney can provide valuable support for families whose child has suffered a birth injury that caused seizures. These attorneys will review medical records and ensure that a thorough assessment of all relevant evidence is made, while steering families through the legal landscape. They can also help determine the role that medical malpractice may have played in a newborn’s injuries.
Newborn seizures can be difficult to diagnose in the first place. The condition often goes unnoticed until infants begin twitching their limbs, or pause in breathing, and are unable to communicate what they are experiencing. The signs of a seizure can vary depending on the cause, and can include a series of rapid contractions in either the head or limbs (known as myoclonic seizures), a change in appetite or drooling, or even a coma-like state.
Medical negligence resulting in newborn seizures is often a result of a failure to act appropriately in response to symptoms that indicate fetal distress, including a sudden deceleration in the fetus’ heart rate, uterine rupture, intracranial hemorrhage, or use of forceps or vacuum extractor during a difficult birth. Depending on the circumstances, these medical errors can lead to serious harm for an infant and their family.
A skilled medical malpractice lawyer can evaluate the severity of a client’s losses and calculate an appropriate compensation amount to seek in a lawsuit. They can also work to expedite the process, as there are strict statutes of limitations in place that set a limited time frame within which a claim can be initiated. Additionally, specific procedural rules such as the requirement to submit a certificate of merit in some states can add an additional layer of complexity for families seeking compensation.
Wrongful Death
In cases where a child’s death is caused by medical negligence, family members can file a wrongful death lawsuit against the responsible party. While no amount of compensation can bring back a loved one, holding the healthcare professionals accountable can help prevent similar incidents in the future by putting pressure on hospitals and doctors to improve their safety training.
Wrongful death claims can cover the expenses related to a victim’s medical treatment, lost wages, loss of consortium, pain and suffering, and more. However, the claimant must prove that the doctor’s actions were negligent and that their injury was a direct result of those actions in order to win a case. This requires access to detailed medical records, expert testimony, and evidence of policies and protocols that were violated.
There are several types of birth injuries that can lead to wrongful death, including brain hemorrhage, skull fracture, and severe asphyxiation from oxygen deprivation. These complications often arise from undiagnosed prenatal conditions, a prolonged or difficult labor and delivery, improper use of instruments during the birth process, and other circumstances that are outside the control of healthcare providers.
Injuries sustained during childbirth can be expensive to treat. Many of these injuries require ongoing therapy, medication, special equipment, and home accommodations for the injured infant and their family. This can add up to a large financial burden and make it hard for families to afford necessary care. This is why it is important for injured families to seek legal representation. An experienced birth injury attorney can investigate the case and provide financial compensation for a victim’s long-term losses.
Steps to Take After a Car Accident
Car accidents can be devastating for victims and their families. In addition to causing physical injuries, they can cause psychological trauma. Contact Duluth Car Accident now!
While there are many exact causes of car accidents, there are also a few common factors. Knowing these factors can help you understand why car accidents happen and what steps you can take to avoid them.
- Stopping at the Scene
If you get into a car accident, the first thing you should do is stop your vehicle. This is a legal requirement in most states. Leaving the scene of an accident can lead to criminal penalties such as fines, jail time, or license revocation. In addition, it can make it more difficult to file an insurance claim and obtain reimbursement for damages.
The adrenaline of a car accident may cause you to forget some important details, so you must take the time to slow down and check yourself and your passengers for injuries. Once you are all safe, put your vehicle in park and turn off the ignition. This will help prevent anyone from stealing your car or driving away while you cannot follow them.
In addition, it is important to stay at the accident scene to get identifying information from the other driver. Try to get the driver’s name and address, as well as their phone number. The make, model, and year of their vehicle are also helpful. Then, if possible, take note of any other unique characteristics, such as tinted windows or custom rims, that might help identify the driver.
If the accident is a hit-and-run, you will need to report it to the police as soon as possible. In New York, this is a violation of state law and could result in serious consequences for the at-fault party.
You should also warn oncoming traffic of the accident by turning on your hazard lights. It is a good idea to keep a pad and pen in your car for this purpose, as well as a charger for your phone.
When you are driving near an accident scene, you should never rubberneck. This is incredibly dangerous and can lead to other accidents, including pedestrian accidents. Instead, remain focused on the road and the cars around you. Then, when you are ready to pass the accident scene, drive carefully and look both ways before proceeding. If you are on the phone, it is recommended that you pull over into a safer area and continue to talk over the speaker.
- Calling the Police
Depending on the extent of damage to the vehicles and whether or not anyone is injured, there may be instances in which you can safely forego calling police. However, even for minor crashes and fender benders, it’s always in your best interest to call the police. The reason is that law enforcement officials will be able to provide an official and impartial report. This document will be necessary if you are to take any legal action or file an insurance claim in the future.
When you choose not to call the police, you’re taking a big risk. Even if the other driver seems honest and upfront at the scene, they could change their story later on for their own financial benefit. They may argue that you are to blame or claim that the accident caused more damage than it really did. In fact, there are many reasons why you should always call the police after any car accident.
First and foremost, a police officer will ensure that everyone is safe. They can also survey the scene to document any property damage and injuries. It’s important that you answer all of their questions honestly and don’t try to hide anything from them.
In addition, the police will be able to check for any possible road hazards and close the affected section of the roadway. This is an important safety feature, especially if it’s raining or snowing heavily. If they are unable to get to the scene, you can always report the crash online at your local department of motor vehicles.
In the case of serious injuries, a police report will be essential for any subsequent legal proceedings. It will document any injuries and provide a clear, unbiased view of the events that occurred. Moreover, failing to report an accident to the police can be considered a crime in some jurisdictions, so this is something that you should never ignore.
- Collecting Information
If you are able to do so without jeopardizing your safety or the safety of others, collect as much information as possible at the scene of the accident. This will help if your case goes to trial later, as it can provide important evidence for your claim.
Take pictures of all involved vehicles, their positioning after the crash, and any other relevant aspects of the scene. This includes skid marks, the road conditions at the time of the crash (such as whether it was raining or icy), and any signs that may indicate negligence. It is also a good idea to get the names, addresses, telephone numbers and insurance information of all parties involved in the accident, as well as any witnesses that you can find. Ask them what they saw and ask if they would be willing to give their statements in writing. You can also record their statement with your smartphone (with their permission, of course).
Note the weather conditions and other road and traffic conditions at the time of the accident, as these could have played a role in how the accident occurred. In addition, write down your own account of what happened as soon as possible at the scene. This can refresh your memory later and provide a consistent account of the incident when speaking with police officers, investigators or insurance adjusters.
It is always a good idea to gather all of your medical bills and other related expenses, as well as documentation of your lost wages due to the accident. These can be used to support the value of your damages and determine how much compensation you should receive.
If you have a smart phone, the images and information you collect will be automatically saved to your device for future reference. You can also access this data from the Event Data Recorder on the involved vehicle(s) if it is equipped with one. Lastly, if you have the contact information of the law enforcement officer who drafted the accident report, you can also request a copy from them.
- Taking Photos
If possible, car accident victims should take pictures of the scene of their collision. This is one of the most important steps that you can take to help with an insurance claim or legal case if necessary. Having photos of the crash scene can be helpful evidence in determining who was at fault, the severity of the damages, and the nature of your injuries.
Make sure to take pictures of all the vehicles involved in the crash, including their positions and angles from which they were photographed. Close-up photos are also recommended, as they can capture details of the damage that may not be apparent from a distance. In addition to cars, you should also take pictures of the surrounding area, skid marks, and nearby traffic signs, signals, and intersections. If you can, take multiple pictures from different angles and at various points in time to create a timeline of the events that took place.
You should also take a few pictures of your own vehicle, both the exterior and interior, especially the dashboard, steering wheel, and any other areas where the crash could have impacted you. If you have a camera or smartphone with a panoramic feature, try to get a few photos of the scene from every direction that is applicable.
Remember to take the photos in a well-lit environment, as the light conditions may change quickly. Additionally, you should use the flash feature if it is available to ensure that all the evidence is captured and visible. If you are too injured or in shock to take photos at the scene, you can ask a family member, friend, or bystander to do it for you.
After taking the initial photos, you should check yourself and any other passengers or witnesses for injuries. If you are able, you should also take photos of any wounds or bruises that you sustained, as these can help provide clear photographic evidence of your physical injuries and can also heal or fade in time. If you cannot do this yourself, be sure to get medical attention as soon as possible.