If your baby was injured due to preventable mistakes made during childbirth, you may be entitled to financial compensation. There are two key things you need to do to get this money: hire Birth Injury Lawyer In Atlanta and gather evidence.
Each state has a time limit within which you must file your case, known as the statute of limitations. Once you do, the lawsuit process will begin.
Gathering Evidence
An experienced birth injury lawyer will have connections to medical experts who can review and analyze your child’s medical records. These professionals may also be called to testify at trial if needed. Experts will be able to explain the medical procedures and terms used in your case to help your jury better understand complex concepts.
To win a legal claim for medical malpractice, your lawyer will need to prove that the healthcare professional breached their duty of care to you or your baby during pregnancy and labor. This means that they failed to follow the accepted standard of care for their specialty and geographic area. To do this, your lawyer will need to present evidence that the doctor didn’t properly monitor your pregnancy, failed to conduct timely diagnostic tests, improperly handled forceps or other instruments, or made other errors.
The next step is to show that the doctor’s negligence directly caused your child’s injuries. For this, your attorney will have to present expert testimony that establishes the link between the doctor’s actions and the resulting injuries. Your lawyer will need to submit expert witness reports, depositions, and testimony from witnesses that provide a detailed account of the events surrounding your child’s birth.
Once your lawyer has gathered all relevant information, they will file a legal complaint. This will name you as the plaintiff, and the doctors and hospitals involved in your case will become the defendants. Once the defendants receive notice of your lawsuit, they will have 30 days to respond.
If they choose not to respond, your lawyer will negotiate with the lawyers for the defendants to try to settle. Most medical malpractice cases end in a settlement rather than going to trial. Settlements are faster, cheaper, and less stressful for all parties.
If you’re successful in obtaining a settlement, your attorney will calculate the amount of compensation that you’re owed. This will include past and future medical bills, rehabilitation costs, necessary assistive devices, your loss of income, and any emotional distress and pain and suffering you or your child endured as a result of the injury. Your attorney will use the evidence gathered to create a compelling argument that demonstrates how your family was wronged and deserves fair financial compensation.
Preparing For Trial
Many birth injuries are a result of medical malpractice, such as the improper use of forceps or vacuum extractors during delivery or a failed C-section, which leads to oxygen deprivation and brain damage. Other types of injury may include nerve damage (such as brachial plexus, which can cause arm weakness or paralysis), broken bones, and meconium aspiration syndrome. A lawyer can help a family determine if the injury was caused by medical negligence and what legal claim they should pursue.
The first step in the process is to review medical records related to the child’s birth. This includes fetal monitoring reports, medical documents, and any treatment that the child has received since the injury occurred. An experienced birth injury lawyer can help a family obtain all of the necessary records to support their case.
Once lawyers have all the information, they will file the lawsuit in the county where the birth took place. Parents become the plaintiffs and doctors and hospitals are named as defendants. The court will then assign a case number and set a schedule for mediation and trial dates.
As the trial date approaches, lawyers will begin the discovery process. This involves requesting and receiving information from the defendants and taking depositions (sworn statements) from witnesses. During this phase, lawyers are also able to determine what evidence is available and how strong their case is.
Some medical malpractice claims, including cases involving birth injuries, settle before they ever go to trial. Doctors and hospitals do not want to be publicly identified as being the subject of a high jury verdict, so they will often offer a settlement. Lawyers will evaluate the offers and negotiate with the insurers to get the best possible deal for their clients.
If the insurance companies refuse to agree on a settlement, the matter will proceed to trial. A jury will hear the arguments from attorneys and decide whether the doctors or hospital was negligent. If the jury finds in favor of the plaintiff, they will award the appropriate amount of damages.
Medical malpractice cases involving birth injuries involve a lot of money. Because the injuries are so severe, the damages awarded are often very high. Some awards may even be punitive, intended to punish the defendant for extreme carelessness or disregard of the law. Because of this, insurance companies put a lot of pressure on plaintiffs to accept low settlements. An experienced birth injury attorney can help ensure that a settlement is fair and accurately reflects the total amount of damages. The attorneys can also help families recover additional compensation for non-economic damages, such as pain and suffering. They can also consult with experts, such as life-care planners and physicians, to demonstrate to a judge or jury the level of care that an injured child will require throughout his or her lifetime.
Negotiating A Settlement
The final phase of a birth injury lawsuit is the negotiation of an adequate settlement amount to cover your child’s medical expenses. This includes projected lifetime care costs for conditions like cerebral palsy and Erb’s palsy, as well as other potential complications such as hypoxic-ischemic encephalopathy (“HIE”).
Once your lawyer has all of the evidence and records needed to prove negligence, she will file a complaint with the local court. The complaint simply states all of the facts and arguments you intend to use to win the case. Then, the defendants (usually doctors and hospitals) are served with a copy of the complaint. The defendants then have a certain period in which to respond, usually 30 days or so.
In many cases, your lawyer will be able to settle with the defendants. This can save you the time, expense, and uncertainty of going to trial, as well as the higher payout you would receive from a jury award.
However, in other cases, your lawyer may have to go to trial. If that is the case, your lawyer will prepare to present your evidence and arguments in front of a jury. Your lawyer will have to work with the defense lawyers and their insurance companies to obtain a fair settlement for your family.
In addition to the evidence and medical records, your lawyer will need to hire expert witnesses to define the accepted standard of care, which was not met during your delivery, and explain how that breach led to the injury. These experts typically include other OB/GYNs, surgeons, pediatricians, and other qualified physicians who can review your medical records to determine whether malpractice occurred.
Your attorney will also have to address any claim denials from the hospital and medical providers’ malpractice insurers. It is common for these insurance companies to put a lot of pressure on families, trying to get them to settle for less than their claims are worth. A skilled birth injury attorney can help you avoid this kind of pressure and make sure that your settlement is adequate to pay for your child’s lifelong medical expenses.
If you or a loved one has suffered a birth injury due to medical malpractice, contact an experienced personal injury attorney as soon as possible. The sooner you speak with a lawyer, the sooner your birth injury case will begin. In some states, there are tight statutes of limitations for medical malpractice cases, meaning that the earlier you act, the better your chances of winning your case. The earlier you call, the more time your lawyer has to gather the necessary evidence and prepare your case for trial. In the worst-case scenario, if you wait too long to call a lawyer, you could miss your chance to sue for compensation.