The birth of a child is a joyous occasion. When a medical professional makes a preventable mistake during labor and delivery, families can suffer tremendously.
Proving Liability
When a medical mistake harms your child, your family’s lives may be forever changed. An experienced birth injury attorney can help you secure compensation for your losses. Your lawyer will take over communications with insurance companies and defense lawyers, and work to establish evidence such as medical records and expert testimony.
A medical malpractice claim requires demonstrating that the doctor or hospital breached the accepted standard of care. This is often done by proving that the injury was caused by the doctor’s negligence.
A birth injury lawsuit seeks damages for a range of economic and noneconomic losses, including future and current medical expenses, loss of income, and inflicted pain and suffering. Damages can also include the costs of adaptive equipment, disabled access home and vehicle modifications, and education and training. Our El Cerrito City Birth Injury Lawyers can identify all potentially liable parties in your case.
Establishing Damages
A birth injury can take a toll on the whole family. It can also be financially devastating as families must cover medical expenses, lost wages, and caretaking costs.
A legal team can help a family recover compensation for the harm done to them by a healthcare professional’s negligence. The first step is to establish that a medical professional owed a duty of care to the patient. This means that the professional must provide quality service that is consistent with the standard of care in a similar circumstance.
A top birth injury lawyer can review a client’s case and determine whether or not they have a valid claim. The best lawyers understand the complex medical and legal aspects of these cases. They also have experience litigating them in court and can secure maximum financial compensation. The lawyers offer a free consultation and work on a contingency fee basis. This means that they only get paid if they successfully secure money for their clients.
Filing a Claim
Depending on the extent of the injury and the amount of compensation awarded, families can use damages to cover past and future medical expenses, lost income, emotional trauma, and long-term care. A skilled birth injury attorney can help ensure that a family receives the maximum amount of damages possible.
A birth injury lawsuit alleges that a doctor or other medical professional failed to provide the accepted standard of care during labor and delivery. This can include negligence in administering drugs, improper monitoring of vital signs, and failure to perform a cesarean section when necessary.
A qualified attorney can review medical records, consult with experts, and collect evidence to strengthen a case. In most cases, a lawsuit must be filed within six months of the date of injury, though there are several exceptions to this rule. For example, claims against public hospitals and clinics are subject to a shorter deadline under state law. These claims also often need to be submitted through a special process called an application for leave to present a late claim.
Negotiating a Settlement
A good El Cerrito City birth injury attorney can help you obtain the maximum amount of compensation possible. He or she can negotiate with insurance companies, medical providers, and defense lawyers on your behalf.
During negotiations, it is important to stay focused on your key objectives. However, it is also helpful to be willing to compromise. This will allow you to reach a settlement that both parties can accept.
Medical malpractice claims seek financial compensation for injuries caused by substandard care by healthcare professionals. These errors may include misdiagnoses, surgical mistakes, medication errors, and birth injuries. Typical injuries caused by medical malpractice during labor and delivery include cerebral palsy, brachial plexus (Erb’s and Klumpke’s palsies) and hypoxic-ischemic encephalopathy (HIE). While filing a claim cannot undo these injuries, it can help you cover the costs associated with rehabilitation, in-home care, and special education. It can also help you pay for the pain and suffering of your child and family members.