Birth injuries resulting from medical mistakes and negligence are rare. When they do happen, they impact not only the infant but also their parents and loved ones. These children often need extensive medical care and support services.
Families feel the financial and emotional impact of this care and need help. A specialized attorney can help the family seek compensation for this care and the injuries the baby suffered during birth.
Here’s Why You Need a Specialized Attorney when it comes to Birth Injuries
Complex Cases
Birth injuries are complex for several reasons. It may be hard to distinguish between cerebral palsy caused by neglect and cerebral palsy with no known cause, for example.
To prove medical neglect, a parent must have medical and legal knowledge. Most people lack this knowledge and turn to the professionals for help. Doing so allows them to care for the child, knowing the legal aspects are being handled.
Medical Malpractice Expertise
Healthcare professionals must take steps during labor and delivery to ensure the mother and child’s safety. They also need to monitor both mom and baby throughout the pregnancy to catch problems quickly.
Medical malpractice can be challenging to prove because the parents must show that a healthcare provider didn’t adhere to the standard of care and that their actions directly led to the birth injury.
An experienced attorney interacts with medical professionals regularly and can determine if the injury results from malpractice or if there is another cause.
Proving Malpractice
A parent must prove that the healthcare professional’s actions directly led to the injury. If the parent cannot prove this, the case will fail.
An attorney will have a network of medical experts they can call to review the formal diagnosis and help build a case against the professional.
The expert can help the attorney and parents ensure all documentation is present and outline the relationship between the provider’s actions and the injury. With the help of these experts, the attorney can show cause and effect.
When doing so, the attorney must understand hospital rules and regulations, state statutes, and laws that relate to the case. They use this information to build a case and outline how each rule, regulation, or law is relevant. The attorney uses a customized approach based on the facts of the case.
Seeking Compensation
Parents file these suits to ensure they have funds to care for their child and provide them with the highest quality of life.
The attorney will ensure they don’t look over anything related to this care so the parents get maximum compensation, and the child won’t have to do without anything they need.
In addition to medical bills and rehabilitation expenses, the attorney will consider emotional distress, earning capacity, and future care to determine a fair settlement amount.
Fighting Insurance Companies
Insurance companies exist to make a profit. Their goal is to pay out the least amount for birth injuries because they know the high costs of long-term care.
The attorney is not emotionally involved in the case, so they are immune to insurers’ strategies to minimize settlements. They negotiate with the insurance company on the parents’ behalf to ensure their rights are protected and they receive fair compensation.
Parents often struggle when they learn their child has a birth injury. They need support, and an attorney can help them navigate the legal system so they can focus on getting the best care for their child. Parents should never try to navigate the legal system alone.
They need an advocate, and the attorney will take on that role. Meet with attorneys to find the right one for the case and have peace of mind knowing everything is being done to get the child they care they need for the highest quality of life.
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