The birth of a child can be one of the most traumatic events in life. Sadly, sometimes a medical mistake during labor or delivery leads to serious injuries for the baby and its parents.

Families who suffer damages from a birth injury deserve financial compensation for their losses. A successful lawsuit can cover costs including current and future medical expenses, lost wages, home modifications, and emotional distress. Let Atlanta Birth Injury Attorneys fight for the justice your family deserves because your child’s future matters.

The loss of a child or serious injuries sustained during delivery can be one of the most traumatic experiences for any parent. It can change a family’s life forever. Those at fault need to be held accountable for their actions. A birth injury law firm can help families win the compensation they deserve for medical expenses, lost income and pain and suffering.

To win a successful claim, your lawyer will need to review the medical records of you and your baby. These are used to identify potential malpractice claims and determine if a doctor breached the professional standard of care.

Medical records are also important to understand the extent of your injury. For example, some medical errors result in brain injuries that cause long term conditions such as cerebral palsy, Erb’s palsy (injuries to the brachial plexus), shoulder dystocia (a condition that occurs when an infant’s shoulders get stuck during labor and causes damage), intrauterine fetal death or spinal cord injury causing partial or complete paralysis. These conditions can have a profound impact on your family’s lives and are often completely preventable.

In many cases, the evidence you will need to gather to prove medical negligence is in the form of your own testimony as well as documentation. This includes hospital bills, diagnostic tests results, photographs of the injury and expert witness testimony. A birth injury attorney will know exactly what types of documentation are needed and where to find it.

Using the evidence of your medical records, you will need to establish a doctor-patient relationship and prove that your doctor acted in a negligent manner that caused your child’s birth injury. This is known as proving causation and it is an essential element of any birth injury case.

Medical records are the best way to prove that your child’s injuries were a direct result of your OB-GYN’s actions or failures to act during labor and delivery. The OB-GYN may have failed to monitor the mother, perform a medical exam or properly respond to signs of complications such as an infection or high blood pressure. In addition, the OB-GYN could have failed to use forceps or other tools correctly, or to order a C-section when it was necessary.

Expert Witnesses

In medical malpractice cases, expert witnesses play a critical role in proving the four legal elements of a claim: duty of care, breach of duty, causation and damages. Their specialized knowledge and expertise allow them to explain complex medical information in a way that is comprehensible for the jury. Without the contribution of expert witnesses, establishing liability in a birth injury case would be an arduous, if not impossible, task.

Proving that a doctor breached his or her duty of care is the first step in winning a medical malpractice claim. This can be established through hospital records, imaging studies, witness statements and testimony, and other evidence. Once the breach has been established, it must be proved that the doctor’s medical errors caused your child’s birth injuries. This can be done through expert witness testimony, evidence that your child suffered from the injury, cost of living calculations by an economics specialist, and other evidence.

Lastly, it must be proven that the birth injury resulted in damages for your family. This can be done through medical bills, loss of income if your child’s injury has prevented you from working, pain and suffering and other losses. An experienced birth injury attorney can help you calculate the full extent of your losses and pursue the compensation you deserve.

When seeking a lawyer, it’s important to consider their track record. A reputable Bronx birth injury lawyer will have a solid record of winning cases and recovering compensation for clients. While they may not be able to share details about specific cases due to confidentiality agreements, they can typically tell you about the verdicts and settlements they have obtained for their clients.

Additionally, a good attorney will take the stress of dealing with insurance companies and doctors off of their clients. They will handle all communications with insurers, medical providers and defense attorneys on their client’s behalf. This will allow you to focus on providing your child with the best possible care. They will also keep the case moving forward so that you don’t lose any valuable time and resources in pursuing the financial compensation you deserve.

Settlements

A settlement can provide compensation for current and future medical expenses, loss of income from having to care for an injured child, emotional distress and other damages. This money cannot undo the damage caused by medical mistakes, but it can help families cope and secure a future for their children.

Birth injury attorneys will work with you throughout the entire litigation process to ensure your family receives the full amount of compensation possible. They will negotiate with insurance companies, medical providers and their defense lawyers on your behalf, so you can focus on your child’s recovery.

Choosing the right attorney for your case starts with asking questions. Here are some important ones to ask potential lawyers:

Do you have a record of successfully obtaining large awards for your clients? How many cases do you typically manage at a time? What is your track record in litigating malpractice claims against doctors and hospitals?

The number of settlements and jury awards a lawyer has obtained is an indication of their skill, knowledge and experience in medical malpractice cases. However, no two cases are the same and a lawsuit that appears to have similar facts could result in a very different settlement amount.

When negotiating with insurance companies, a skilled birth injury attorney will understand how to assess the value of your case by analyzing your medical records and hiring expert witnesses. They will use this information to build a strong claim that supports your family’s financial needs.

Severe birth injuries often require expensive treatments that will last a lifetime. In such cases, a life-care plan will be prepared by an experienced healthcare planner to calculate all future medical costs and needs, including medications, therapy, doctor visits, attendant care, equipment, transportation and other needs. A good life-care plan will take into account all anticipated costs and make sure you receive sufficient compensation to cover them.

When it comes to negotiating with insurers, your attorney will be ready to take your case all the way to trial if necessary. This will give them the leverage they need to negotiate a fair settlement for your family.

Trials

When a medical mistake during labor and delivery harms your child, it can change the course of his or her life. Injuries like cerebral palsy and Erb’s palsy can cause long-term health problems with a lifetime cost of care.

A successful birth injury claim can help a family pay for those medical bills and other expenses that come along with a severe disability. While financial compensation cannot undo the damage that was caused, it can provide peace of mind and a sense of closure for the families who were harmed.

The first step in a successful claim is collecting evidence that malpractice occurred. This includes medical records, hospital bills and other documents that show a breach of professional standards occurred during the birthing process. An experienced Birth Injury Attorney can assist with this.

Next, the lawyer will hire expert witnesses to review the evidence and give a formal opinion that there was indeed medical negligence. This part of the legal process can be time consuming and requires consultations with several experts. Once an opinion is received the attorney will prepare and file a lawsuit against the appropriate parties which typically include the doctor, nurse and hospital involved in the birthing process.

During the legal process, the lawyer will also negotiate with the medical providers’ malpractice insurers in an attempt to settle the case. This can be a lengthy process that may go on for years. An experienced birth injury lawyer will know how to handle these negotiations and have the resources to fight for a fair settlement that compensates a client adequately.

A good lawyer will also be prepared to take a case all the way to trial if necessary. This is important because a jury will often award a much larger verdict in a trial than a judge would in a settlement. It is also beneficial to a client because it allows them to hold the medical provider accountable for their actions and ensure that they are held responsible for their negligence.

When choosing a birth injury attorney, it is a good idea to ask how many cases they usually manage at any given time and whether or not they have additional support staff to assist with their case load. This is important because you will want to be able to reach your attorney when needed and have confidence that your case is receiving the attention it needs.