A Birth Injury Attorney Can Help You File a Claim
The joy of welcoming a brand new baby to the world is something many families look forward to for many years. Unfortunately, complications during labor and birth can cause a complete loss of the family's life.
Medical malpractice is an injury to a person that occurs when your doctor fails to meet the standards of care that they are required to provide, resulting into harm.
Incorrect diagnosis
The birth of a child is a joyful occasion, but complications can occur during delivery. These complications could be the result of errors made by doctors, nurses or other medical professionals. These mistakes can result in life-long and serious injuries for a mother or baby. If your family members have suffered birth injuries as a result of medical negligence, you should contact a Las Vegas birth injury attorney. A knowledgeable attorney can assist you file your claim and obtain compensation for your losses.
The goal of a birth injury lawsuit is to obtain justice for your child by holding the liable party accountable for their actions. Legal claims are available against all liable parties including hospitals, doctors and nurses. The claim could result in financial compensation to pay for your child’s care. There is a deadline for filing a lawsuit, referred to as the statute of limitations, so it is crucial to contact an Nevada birth injury attorney immediately if the possibility of malpractice is raised.
In order to be successful in a lawsuit you must have a valid medical malpractice claim. This is based on the notion that your doctor or another medical professional breached their duty to you by not providing reasonable standards of care during your pregnancy, labor and delivery. This breach must be proven as the cause of the injuries sustained by your child and the damages that resulted.
Medical misdiagnosis is an incredibly serious medical error. It can be harmful to patients and their families. It can lead to a wide range of injuries, including brain damage and permanent disabilities as in emotional trauma. In some cases it can even result in death. According to a study by the Society for Improved Diagnosis in Medicine medical misdiagnosis can kill up to 80,000 people each year.
Medical malpractice cases can be complicated as you have to prove that the medical professional was negligent and the negligence resulted in your child's injuries. You'll need to engage an expert witness to analyze the evidence and give testimony about the doctor's conduct falling below a reasonable standard.
Birth injuries
Most parents find the birth of their child to be a joyful event. However, complications can arise in the course of pregnancy or during the delivery process. Sometimes, these complications are the result of medical errors that can lead to devastating injuries to the mother and baby. These injuries are often avoidable and can be the result of negligence and mistakes made by medical professionals and doctors. A Las Vegas Nevada birth injury lawyer can assist you in determining whether you're in the middle of a case.
In these cases medical records and eyewitness testimony are typical evidence. Your lawyer may also employ a medical expert to examine the doctor's notes to determine any evidence of negligence or malpractice. The law stipulates that you have to prove that the healthcare professional acted negligently and resulted in harm to you or your baby. If you can prove this, then you could have a claim for compensation.
In a lawsuit for birth injuries you may be able to recover damages to cover medical expenses, discomfort and pain, lost income and rehabilitation costs. You could also be entitled to punitive damages. These are awarded to penalize the defendant for their negligence. They could be as high as three times the amount of your compensatory damages.
Birth injuries can be of many different types that include head or brain trauma and hemorrhages, infections, etc. These injuries could cause permanent damage and require lifetime medical attention and treatment. In some instances the injuries may be fatal.
A lawyer with experience in dealing with birth injury claims can help you understand your rights and help you receive the compensation you are due. Contact us today to set up an appointment with a knowledgeable Las Vegas Nevada birth injuries lawyer. We can review your medical records and determine whether you have a case and help you obtain the financial compensation you deserve.
Failure to diagnose
In some cases, the failure of a medical professional to diagnose an illness accurately could be the difference between life and death. This kind of error happens millions of times every year. This can cause long-term illnesses, ineffective treatments or disease progression, and even death wrongful. A lawsuit for failure to diagnose can help a victim and their family members receive financial compensation for funeral costs medical bills, lost time with loved ones, and more.
The failure to identify a lawsuit may be due to one or more of these reasons:
The claimant must first establish that a doctor and patient relationship existed. This is typically accomplished by providing a medical bill with the doctor's name on it. The next step is to establish that the doctor or any other health professional was not in compliance with their obligation of care. This is usually done by proving that a different doctor, acting with reasonable care could have diagnosed the illness properly under the same circumstances.
phoenix birth injury attorney is proving that the injury or damage caused by the doctor's failure to diagnose was the result of the negligence. This is typically accomplished by working with a medical professional who will review the case and provide evidence about the manner in which the doctor did not meet the standards of care.
While there is always some degree of uncertainty involved in medicine, it is essential that physicians do their part to safeguard the lives of patients and to prevent unnecessary suffering. It is also important that those who suffer from medical malpractice hold doctors accountable when their mistakes result in permanent and painful injuries, or even death. Contact a Las Vegas birth injuries attorney immediately if you believe that your health care provider failed to adhere to the appropriate standards of care. The sooner an experienced lawyer is able to begin investigating the matter gathering evidence and working with medical experts, the better your chances of winning a claim. Easton and Easton's legal team can help you determine if are eligible for a medical malpractice lawsuit. We will collaborate with a medical expert to review the documents and provide an affidavit of the merit that can support your claim.
Inability to treat
Failure to address or recognize a medical issue promptly can cause serious consequences for infants as well as their families. A Las Vegas birth injury lawyer can help a family obtain compensation for their losses. They can also help them establish if the doctor or medical staff violated their professional responsibilities. This includes monitoring the patient properly and addressing any issues promptly, as well as avoid taking medications that may harm a fetus.
A lawyer can also help clients understand the formal requirements in their state for filing an action for malpractice. They can also assist the plaintiff in obtaining an affidavit from an accredited medical professional to support the claim. They can also work with hospitals and doctors to negotiate a settlement or even go to trial. They can also assist families with filing claims through Medicare or private insurance.
A lot of medical malpractice cases, including those involving birth injuries, are settled outside of the courtroom. The defendants typically expect large verdicts by a jury. A skilled birth injury attorney can make the process as painless as possible for their clients. They can also question doctors and other medical professionals on the oath to collect important information that can help their client's case.
A birth injury lawsuit could also provide compensation for pain and suffering, in addition to future and past medical expenses. Some states limit non-economic damages for medical negligence. These caps are intended to limit the chance of a large jury verdict against hospitals and doctors. However, it must be not forgotten that these caps are based on state laws and may differ from one state to the next.
The National Institute of Child Health and Development (NICHD) estimates that 80% of birth injury cases are preventable. The majority of these injuries resulted from medical errors and could have easily been avoided by following the standards of care expected by doctors of obstetrics. Brain and spine injuries are especially dangerous for babies. However, these problems are preventable by monitoring the baby's development and acting quickly when a problem occurs.