If your child suffered a West Carson Birth Injury Attorney due to medical malpractice, you need access to reliable legal representation. Your attorney will investigate your case, collect records and documents, locate expert witnesses, and meet filing deadlines.
A successful claim for compensation may include damages for past and future medical expenses, in-home nursing care, therapy and rehabilitation, medications, adaptive equipment, and reduced earning capacity. It may also include non-economic damages for pain and suffering.
Birth Injury Compensation
The birth of a child is an exciting and joyful event, but when medical negligence occurs at this critical time, families often feel overwhelmed. Fortunately, families can file a legal claim for financial compensation for their loss and their lifetime care costs.
A successful birth injury lawsuit depends on accurate and complete documentation of the case’s evidence. A lawyer will take over communications with the medical providers involved and their insurers and help them organize documents into a coherent timeline of events. They also digitize and backup documents to prevent data loss or destruction.
Medical records will reveal important information such as when the healthcare provider noticed warning signs of potential complications and how they responded to these symptoms. A skilled lawyer will collaborate with expert witnesses – typically obstetricians, neonatologists or maternal-fetal medicine specialists – to review these records and establish how the breach of duty contributed to the injuries. A successful lawsuit will then be able to demonstrate this to the court and jury.
Preserving Evidence
A birth injury lawyer will ensure that any physical evidence, such as medical records, photographs, and video footage is preserved for trial. The attorney also prepares the case by identifying potential issues in medical negligence cases and gathering expert testimony.
The law that pertains to birth injuries falls under personal injury laws, a subset of tort law. In order to win a claim for malpractice, your lawyer must establish that the medical provider in question owed you and your child a duty of care. They must then show that they breached that duty by failing to follow established medical procedures.
The next step is proving that this breach of duty resulted in the birth injury. This can be done by demonstrating that the injury caused damages, such as current and future medical expenses, loss of income, pain and suffering, and a decreased quality of life. This may include the need for long-term care. Your lawyer will work to secure compensation for these costs.
Negotiating a Settlement
When negotiating a settlement, a birth injury attorney will carefully consider your family’s long-term needs to establish appropriate compensation. This may include immediate medical costs, ongoing treatment, rehabilitation, therapy, home modifications, lost future earnings, and noneconomic damages such as pain and suffering.
Your lawyer will compile documentation of medical costs incurred up to the time of negotiations, as well as projections of future costs. They will also consult with a network of trusted medical professionals and experts to strengthen your claim.
When determining settlement amounts, an attorney will take into account the role that the medical mistake played in your child’s injury and their level of severity. They will also consider economic losses such as lifetime cost of care, and noneconomic losses such as emotional distress. They will also consult with financial experts to ensure that your settlement is properly structured to cover your family’s long-term needs. This may include structured settlements, trusts, or lump sum payouts.
Going to Trial
Depending on your situation, a legal claim may involve filing a notice of claim with the responsible medical provider(s) or the government if the lawsuit involves a public hospital or government entity. Your birth injury attorney will handle these details and ensure all required documents are filed on time.
Throughout the investigation phase, your lawyer will collect detailed evidence including medical records, bills, and expert testimonies. Thorough evidence collection is critical for establishing malpractice or negligence in your case and winning fair compensation.
A successful claim requires showing that your medical provider breached the standard of care during labor and delivery. Your birth injury attorney will present the evidence of this to a judge and jury, who will award you damages for your child’s current and future needs. This includes addressing medical expenses, ongoing care, loss of earning potential, and emotional distress. This amount is impacted by the severity of your child’s injuries and the projected cost of lifelong treatment, therapies, and support services.