A birth injury lawyer can help families recover compensation for medical expenses, lost wages, and other costs associated with a child’s disability. A successful claim can also include damages for emotional distress, pain and suffering, and other noneconomic losses.
Atlanta Birth Injury Lawyer knows how to counter the pressure tactics insurers use to reduce or deny a settlement. He or she can also prepare for trial, if necessary.
Parents of newborns must be vigilant when observing their children’s physical and behavioral development. It is especially important to note any unusual signs or behaviors that could indicate birth injuries.
For example, a baby’s abnormally arched back while crying or one or both hands that appear to be curled in claw-like shapes may be warning signs of severe injury. Other red flags can include a lack of responsiveness to intense stimuli, a lack of coordination or involuntary movement (such as a flailing arm), poor muscle tone, or a weak or limp gait.
If a doctor fails to take action after noticing any of these symptoms, the result can be a serious or fatal birth injury such as cerebral palsy, spinal cord injury, and brain damage. These injuries often cause lifelong complications and require extensive therapy, medical treatment, and other services. This can cost families enormous amounts of money that they do not have.
Many of these injuries are preventable, however, if proper care is provided during pregnancy, labor and delivery. If you think your child suffered a birth injury due to a medical error, a birth injury lawyer can review the case and determine if you are eligible for compensation.
Thon Beck Vanni Callahan & Powell can help injured families pursue financial compensation from the hospital and doctors responsible for their children’s injuries. To prove liability, our firm must establish that a medical professional breached the applicable standard of care. This requires establishing the existence of a doctor/patient relationship, identifying a doctor who breached this duty, and showing how this breach caused the injury and damages.
Our experienced lawyers have extensive knowledge of the medical standards and criteria for proving negligence. They also have years of experience in helping injured clients pursue claims against healthcare providers. They understand the tactics defense attorneys use to refute allegations of medical malpractice and will fight to secure the maximum compensation for your family. Whether you need financial compensation to pay for your child’s ongoing medical treatment or to cover loss of income due to permanent disability, our firm can help.
Causes of Birth Injuries
Injuries that result from birthing errors are largely preventable. The medical professionals who are responsible for a mother’s health and the safety of her unborn child must uphold high standards of care to avoid complications. When those standards aren’t met, both the mother and the baby may suffer irreparable harm. A birth injury lawyer can help families recover the resources needed to pay for long-term care and compensation for their losses.
A birth injury lawsuit can be complicated, and you will need to prove that a doctor breached his or her professional duty during your child’s delivery. To do so, you must collect evidence such as medical records and hospital bills. You must also prove that the breach directly led to your child’s injuries. A skilled birth injury attorney will know where to look for this evidence, and how to connect it to the damages you are seeking.
While most physical birth injuries are temporary, some cause permanent disabilities that limit a child’s quality of life. These can include developmental problems like ADHD and autism, as well as physical issues like cerebral palsy, limb deformities, and spinal cord injuries. Often, these conditions don’t appear until later in a child’s childhood or adulthood, when parents are trying to obtain funding for the necessary treatment and services.
One of the most common causes of birth injuries is shoulder dystocia, a condition that occurs when an infant’s head delivers but the shoulders get stuck in the birth canal. This can lead to oxygen deprivation, breakage of the clavicle (collarbone), and other serious injuries. It is also the most common cause of Erb’s palsy and brachial plexus injuries, which can affect a child’s arms and hands.
Other types of birth injuries can include intracranial hemorrhage, brain damage, and stroke. These can be caused by a variety of factors, including excessive force during labor and delivery, infection in the womb, and genetic predisposition.
A skilled birth injury attorney can identify the factors that contributed to your child’s injuries and hold all responsible parties accountable for their actions. Most birth trauma lawyers work at national law firms that handle cases across the country, and they are familiar with local statutes of limitations so they can file your claim in a timely manner.
Symptoms of Birth Injuries
Childbirth should be a joyful experience, but it’s not uncommon for medical errors to occur that result in permanent, life-changing injuries. These are preventable and should never happen, which is why we fight for the victims of birth injury negligence. A successful claim can help injured families recover damages that reflect the full cost of care for their children throughout their lives.
The first step is to establish that a doctor-patient relationship existed before the injury occurred, which can often be done with hospital bills and medical records. Once this is accomplished, an attorney can identify and collect evidence that the doctor breached their duty of care and that this breach caused your child’s injury. This can include hiring expert witnesses who review the case and provide a formal opinion as to whether malpractice occurred.
Typically, birth injury claims involve damages for the future costs of medical treatment. These can be expensive, especially if your child requires extensive therapy or special equipment for their condition. A qualified birth injury lawyer can work closely with rehabilitation nurses and doctors to develop a treatment plan for your child and accurately value their lifetime of needs.
Once a diagnosis is made, your attorney can contact the medical providers involved in your child’s injury and their malpractice insurers to notify them of the claim. They can then negotiate with the insurance company to try to settle your case. A knowledgeable lawyer can recognize the pressure tactics used by insurers to minimize settlements and ensure that your claim adequately reflects all of your losses.
If a settlement cannot be reached, your lawyer can file a lawsuit against the at-fault medical providers in court. They can present the evidence in a way that persuades a jury of your child’s birth injury and obtain compensation that accurately reflects your damages. This includes economic damages for the future costs of treatment and noneconomic damages for your child’s pain and suffering.
Compensation for Birth Injuries
The birth of a child is a joyful occasion, but medical mistakes can turn it into a frightening ordeal. If you believe that your child’s injury was caused by a negligent act or omission by a healthcare provider, we can help you seek justice. A successful lawsuit can allow you to recover compensation for the current and future costs of treatment, your child’s pain and suffering, loss of quality of life, and other damages.
The first step is to determine whether the medical professionals involved acted in accordance with the generally accepted standard of care. This is often done by bringing in medical experts to review the case. The experts will review the medical records and provide their opinion as to whether the doctor acted within the scope of what other medical professionals in his or her specialty would have done under similar circumstances.
Once our attorneys have all the evidence, they will file the lawsuit. You will become the plaintiff, and the doctors and hospital that were allegedly responsible for your child’s injuries will become the defendants. The court will assign a case number and schedule for the litigation, which may include mediation or other pretrial procedures.
Most cases settle out of court, but if the medical providers do not agree to a settlement offer, your lawyer will take them to trial. Medical malpractice trials can be complex, time-consuming, and costly. Your attorney’s experience in these cases can help to shorten the trial process and increase your chances of winning a fair and favorable settlement.
A high-quality birth injury attorney can make a significant difference in the outcome of your claim. An experienced attorney can protect your rights and negotiate for a higher settlement than you could obtain on your own. Ultimately, you and your child deserve to receive full compensation for the damage that a birth injury can cause. Even though a successful legal victory cannot undo what was done to your family, it can give you peace of mind that you and your child have the resources you need to live a happy, healthy, and fulfilled life.
