Medical mistakes during childbirth can cause life-altering injuries. While legal action cannot undo the damage, it can provide resources for a lifetime of care and encourage improved safety training.
Alabama Birth Injury Lawyer works with you to file a claim and secure financial compensation. They investigate the case, collect evidence (like medical records and expert opinions), negotiate with insurance companies, and represent you in court if necessary.
A birth injury lawyer can investigate your case to see if you have a valid claim and collect all relevant documentation, including medical bills and records. With sufficient information, they can file a malpractice lawsuit against the doctor or hospital responsible for your child’s injuries. The lawsuit will outline how the physician breached the professional standard of care and how that action directly caused your child’s injuries. It will also seek compensation for your losses and expenses, including ongoing treatment, loss of income, pain and suffering, and emotional distress.
Many of these injuries are lifelong or even permanent, causing disabilities and leaving families with expensive medical bills for the rest of their lives. A qualified birth injury lawyer can help you recover damages to cover these costs and to provide for your child’s future needs.
Often, these injuries are the result of medical malpractice that occurs before, during, or immediately after birth. Examples of this type of negligence include failure to monitor the mother for preeclampsia, hemorrhaging, breech birth, failed cesarean, and more. If a medical mistake contributed to your child’s death or injuries, it is important to act quickly. You have two-and-a-half years to file a legal claim against the at-fault medical professionals.
Your attorney will notify the medical providers and their malpractice insurers of your intention to file a claim. They will negotiate with the insurers to reach a settlement, but may have to go to trial if they cannot achieve a fair agreement. Your attorney will be prepared to defend you against any attempts by the insurance companies to shift blame or muddy the waters.
Insurers know that you need money for your child’s ongoing treatment and future, so they may try to pressure you into accepting a low settlement or even to drop the case. An experienced birth injury lawyer can evaluate your case and present a solid argument to prove the medical provider acted in a negligent manner to win a jury award that accurately reflects your losses.
Proving Negligence
A successful medical malpractice lawsuit requires proof that a healthcare professional deviated from what is generally considered acceptable practice. A birth injury lawyer can assist in establishing this, with the help of expert medical testimony and detailed medical records. But it’s important to note that proving negligence is only one component of a successful claim; you must also prove causation. This involves linking the breach of duty to your child’s injury or illness.
A skilled attorney will conduct a thorough investigation into the case by studying countless sources such as medical journals and studies of similar cases. They’ll use this information to identify any common trends that could be used to strengthen the argument that your healthcare provider failed to act reasonably.
This step can be difficult, particularly when trying to make sense of complex medical records that are often rife with technical terminology. To do so, your attorney may bring in expert witnesses – knowledgeable healthcare professionals who specialize in obstetrics or neonatology – to interpret the records accurately and identify any potential signs of malpractice.
It’s also crucial to note that most states have a statute of limitations, which is the legal deadline within which you must file your claim. Failing to do so will bar you from recovering compensation, so it’s vital that you seek legal advice as soon as possible.
Once your lawyer has established negligence, they’ll work to quantify the damages you or your child has suffered. This will involve working with medical experts and financial planners to project future expenses and costs. This process is complicated, but it’s necessary to ensure that you receive adequate compensation to cover your injuries.
Gathering Evidence
A birth injury lawyer will investigate the case thoroughly, gathering evidence in a comprehensive manner. They will review medical records, consult with a medical expert, and collect testimonies from witnesses to establish what occurred during the delivery and whether the doctor’s actions violated the standard of care. This is critical because the doctor’s malpractice could have contributed to the injuries or death of your child.
Some of the most important evidence comes from the healthcare system itself, including hospital notes, rehabilitation reports, laboratory tests, and photos. However, some of the best evidence is produced by you, which is why it’s important to document your child’s injury and recovery with journaling, photos, and videos. Your attorney can use this evidence to show the extent of the injuries, which is a critical part of proving malpractice.
Once the lawyer has gathered sufficient evidence, they will submit a demand package to the doctor’s or hospital’s insurance carrier. This is a written document that describes the incident and why it was a breach of the standard of care. It also includes a demand for compensation for your child’s damages.
The insurer may choose to settle the claim, or the case will go to trial. In the event of a settlement, your lawyer will negotiate the terms and ensure that the terms are fair and appropriate. In the event of a trial, the jury or judge will decide who wins the case.
Many medical malpractice cases, including those involving birth injuries, are settled out of court. This allows families to receive the financial compensation they need more quickly than waiting for a trial to conclude. The length of time it takes to reach a settlement or verdict varies by case, however.
Negotiating a Settlement
When a medical mistake injures your child, it can wreak havoc on your family. It can alter your child’s future and reduce their quality of life, or even take their life. You need to hold at-fault medical workers responsible. The right birth injury lawyer will build a strong case to get you the compensation you deserve.
Most medical malpractice claims, including birth injuries, are resolved outside of court. A settlement is faster, cheaper, and offers more certainty than a trial. However, insurance companies often resist a settlement and may try to pressure you into accepting an offer. Your birth injury attorney will negotiate with the insurer to recover fair compensation on your behalf.
The best birth injury lawyers will have a track record of success. You should also look for attorneys who charge no upfront fees or hourly rates. They should work on a contingency basis, meaning they only receive payment if they secure a financial award for their client.
You should also ask how many cases your potential birth injury lawyer typically manages at one time. While this shouldn’t be the only factor to consider, you want to make sure your claim isn’t getting lost in the shuffle.
It’s important to consult with a birth injury lawyer as soon as you suspect that your child has suffered from a preventable medical error. By doing so, you can ensure that your attorney has enough time to review your child’s medical records and build a strong claim.
Going to Trial
Once your lawyer has collected evidence and established a strong case, they will file a lawsuit against the defendants. These may include the medical professionals who caused the injury and/or the hospital where the incident occurred. The next step is to prove that the defendants owed a duty of care and violated it. This will involve presenting medical experts who can testify about whether or not the medical professionals acted appropriately under the circumstances.
It will also be necessary to establish causation, meaning that the medical mistakes directly and proximately caused your child’s birth injury. This will require evidence such as expert witness testimony, statements and/or evidence from eyewitnesses, and medical records. Finally, you will need to calculate your damages, including past and future medical costs, pain and suffering, loss of enjoyment of life, mental anguish, and more.
During the consultation process, it is important to ask about an attorney’s level of experience and how many cases they have handled with similar facts. The more experience, the more familiar they will likely be with relevant laws, court rulings and civil procedures. They will also likely have a more extensive professional network that can benefit the case.
It is also a good idea to find out if an attorney has won any awards or professional recognition for their work. This is an indication of their skill level and performance track record, as well as their willingness to fight for their clients. An award-winning attorney will be more likely to have a vast resource network within the legal profession and other industries that can benefit your case. This is particularly important in a complex and lengthy legal case, such as a birth injury claim.