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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.