You may be eligible for compensation when a medical mistake during the birthing process leads to an injury. Alabama Birth Injury Lawyer will fight to get you the money to pay for a lifetime of care.

They will assess the long-term costs of a birth injury based on assessments from life care planners. They will then negotiate a fair settlement or fight for your case in court.

The birth of a child should be one of the most joyous moments in a family’s life. But even a minor medical mistake can turn childbirth into a nightmare. If your child suffers from a birth injury that permanently alters their physical or cognitive abilities, a lawsuit may be necessary to obtain the resources needed for their care. Our birth injury lawyers understand the complex process of filing a malpractice claim and can help you build a strong case.

A successful claim must demonstrate four critical elements: duty of care, breach of duty, causation, and damages. Your lawyer will analyze the evidence and expert testimony to show how the at-fault healthcare provider failed to meet their professional obligations, resulting in your child’s injuries.

Most states require medical professionals to uphold a certain standard of care for patients. When a doctor deviates from this standard, causing an injury, they have committed malpractice. For example, a doctor might breach their duty by neglecting to monitor fetal heart rate or improperly using birthing tools. Your lawyer will prove that the at-fault healthcare provider’s failure to uphold their standard of care caused your child’s injuries by presenting medical records, expert witness testimony, and other relevant evidence.

Your attorney will also prove that your child’s injuries have impacted their quality of life and your family’s finances. This includes identifying their current and projected medical costs, future loss of income, and pain and suffering. Your lawyer can help you gather the necessary documentation to calculate these damages and ensure that your settlement adequately reflects them.

Severe birth injuries often impose expensive medical treatments and ongoing care expenses. In many cases, families can’t afford to pay these costs on their own. Your lawyer can negotiate an adequate settlement amount or file a malpractice lawsuit to put pressure on insurers and force them to make a fair offer. Your attorney can also protect you against attempts by insurance companies to delay your case or trick you into accepting a low settlement.

Gathering Evidence

A medical malpractice claim related to a birth injury requires strong evidence of substandard care. Usually, this is achieved through medical records and expert testimony from specialists who can attest to the nature and extent of your child’s injuries. Your attorney will also gather and review policies and procedures allegedly violated, as well as other evidence including witness statements.

First, your attorney must establish that there was a doctor-patient relationship and that the medical professional owed you and your baby a duty of care. Your lawyer can easily do this by obtaining your hospital bills, medical records, and any other relevant information.

Once this has been established, your lawyer must prove that the medical professional breached his or her duty of care. This is done by comparing the medical professional’s actions and/or inaction with the standard of care, which would have been followed under similar circumstances. Your lawyer will call on expert witnesses to explain the applicable standard of care and demonstrate how your family’s injury occurred as a result of the defendant’s negligence.

Finally, your lawyer must prove that your baby’s injuries caused damages. This can be a difficult task as it requires showing that your child’s condition has impacted you and your family in numerous ways. Examples of damages include medical expenses for treatment, equipment and home modifications, lost income if your child can’t work, pain and suffering, loss of enjoyment of life, and more.

Many families have to empty their savings and retirement accounts to pay for the ongoing treatment of their children’s birth injuries. A jury award or settlement could allow your family to live without the financial stress. Your birth injury lawyer can help you determine your total damages and negotiate with insurers to get the maximum settlement possible for your case. This money can cover your child’s lifelong medical care, rehabilitation, therapies and assistive devices as well as other costs resulting from the injury, such as lost income. The legal team at Wilson Law Firm can help you file a claim and obtain the compensation that you deserve.

Negotiating with Insurers

Injuries caused by medical negligence can be costly. They often result in long-term treatment, requiring surgery, medication, and different types of therapy. These expenses can add up and may leave parents struggling to make ends meet. Fortunately, the law allows victims to file claims against the responsible healthcare professionals and demand compensation for their losses. However, building a strong case and fighting for maximum compensation can be complex. A skilled New York Birth Injury Lawyer can help guide families through the process and protect their rights.

After conducting a thorough investigation, the legal team will work with you to file a birth injury lawsuit against the doctor or hospital responsible for your child’s injuries. They will gather detailed evidence, including medical records and expert testimony, to prove malpractice and build a case for maximum compensation. In many cases, a medical malpractice lawsuit will result in a settlement. If not, your lawyers will fight in court to obtain the maximum verdict possible for your family’s losses.

Insurance companies recognize that you and your family are facing mounting expenses related to your child’s birth injury. They know that you’re desperate to get your claim settled so that you can pay your bills and provide for your child’s future. They may use this knowledge to pressure you into accepting a lower settlement than your case is worth. A New York Birth Injury Attorney can evaluate your case and ensure that any settlement you accept reflects the full extent of your damages.

The legal team at our firm has recovered millions of dollars for families dealing with the consequences of serious birth injuries. We have secured multi-million dollar settlements with malpractice insurers and won countless cases in trial. To learn more about how we can help your family, please contact us now to schedule a free case review. We represent families on a contingency basis, so you don’t pay anything out of pocket unless we win your case. Our firm has national reach and local offices to help families across the country. We’re also familiar with the statutes of limitations for each state, which helps us ensure that your case is filed in a timely manner.

Litigating in Court

One of the goals of a birth injury lawsuit is to secure financial compensation for medical expenses related to a child’s permanent or life-threatening condition. This compensation may also be intended to cover other damages, such as the costs of a lifetime of care, special education expenses, therapy and treatment costs, equipment and home modifications, lost income, pain and suffering, and compensation for a generally diminished quality of life.

Depending on the nature of a child’s injury, a lawyer may need to call on medical experts to review the case and explain what the defendant’s duty of care was, and how their actions or inaction fell short of that standard. These experts often have expertise in specific areas of medicine and are called upon to provide testimony during the trial or settlement negotiations.

When a doctor or other medical professional is held responsible for a child’s injuries, it is usually because they violated their duty of care to the mother and/or child. A breach of this duty typically occurs when the health care provider fails to act or react appropriately to a problem that arises during the labor and delivery process. This can include failing to perform a timely C-section, or pulling too hard on a baby’s head or neck during a delivery.

Medical negligence claims are complicated and require detailed legal analysis. A good birth injury attorney is well-versed in the nuances of medical malpractice law and will have access to an extensive network of medical professionals who can assist with analyzing a claim. A skilled lawyer can also help with a notice of claim, which must be filed within the applicable statute of limitations to preserve the right to file a lawsuit.

A birth injury lawsuit can be difficult for families, especially if they are seeking compensation from their child’s obstetrician or hospital. While a lawyer can help to ease the stress of these situations by filing a claim, it is important for parents to carefully choose an attorney who has experience in this type of case and will be able to negotiate a fair settlement with the insurers.