A Birth Injury Attorney Can Help You File a Claim
When medical negligence occurs at birth, the baby could suffer neurological and physical injuries. These injuries could have long-lasting impacts on the quality of life of the baby.
A licensed birth injury attorney can assist you in proving that the actions of a doctor or inaction led to the injury of your child. A legal claim can aid in obtaining damages to pay for your child's current and future requirements.
Cuts and Bruises
Cuts and bruises are minor injuries that are usually treated by a doctor. Some birth injuries may be severe and lead to permanent complications. If your child suffers from a serious birth injury, you should consult with an experienced lawyer in Leawood KS to find out whether medical malpractice is involved. A lawyer can assist you in filing claims to collect the costs for the future requirements of your child including medical and disability expenses.
The majority of birth injuries occur when a pregnancy is complicated or a delivery such as when a baby is breech or has a low weight at birth. In these instances medical professionals must be extra vigilant to avoid injuries.
A birth injury attorney can assist you in building an action against the hospital or doctors accountable for your child's injuries. This involves a range of steps, such as determining whether there was negligence or malpractice through eyewitness interviews, case investigations, as well expert testimony. A birth injury attorney can take care of the details of your case so you and your family can focus on healing.
A lawsuit will not only allow you to receive the financial aid your child deserves for the future, but it can help to hold the negligent parties accountable for their actions. This can lead to improved medical standards in the future. A successful lawsuit will help you get the funds needed for your child's rehabilitation and treatment, as well as covering your other expenses during this time such as food and clothing as well as school supplies, and other necessities.
If your child was diagnosed with cerebral palsy following an injury to their birth, they are likely facing months or years of medical evaluations, treatments and care. This can quickly add up and leave you wondering when your child might require new pajamas or a wheel chair because of the reckless behavior of someone else.
With the assistance of a Kansas City birth injury attorney from Burger Law, you can fight to ensure that the person at fault will cover your past, present and future medical expenses. Our team can also connect you to a network of medical experts who are experts in this type of injury and recommend support groups or counseling services to help your child deal with the trauma.
Cerebral Palsy
Cerebral palsy can affect motor and movement abilities. It is a result of damage to the brain at birth and it can cause many complications like muscle weakness, spasms, difficulty moving or walking (gait) and cognitive impairments, speech problems, learning disabilities, and other issues that affect the quality of life of your child. The severity of the injury and the location in the brain that the damage was caused, will determine the symptoms.
A medical malpractice suit against a healthcare provider who erred during the birthing process can result in compensation for the damages suffered both by your child and the family. This includes a loss in income, the cost of treatment and rehabilitation, and the cost of any special accommodations your child might require to improve their living conditions.
A Kansas City birth injury lawyer may be able help you receive the financial compensation your child needs for medical expenses and other damages if they have cerebral palsy. A legal professional will examine your case at no cost and advise you if they believe that your child's condition was caused by negligence on the part of a medical professional. If so, they'll assist you in filing a claim against the responsible doctor or hospital to recover compensation for your child's future needs.
In a medical malpractice lawsuit it is necessary to prove that the healthcare provider violated their duty of care. This means they did not provide the same level of care that a healthcare provider with similar training would have offered in similar circumstances. This is typically established by expert witness testimony.
In a lawsuit for cerebral palsy the negligence could be proved in the form of failure to respond to the discomfort of the fetus, using improper forceps, vacuum extraction or inability to perform C-sections. However, not all injuries that occur during the birth of an infant are medical malpractice and it is often impossible to predict what will occur during the birth process. If your baby was injured due to natural reasons that were inevitable and the healthcare professionals involved in your child's birth should not be held accountable.
Birth Defects
Birth defects can occur during the pregnancy, during labor and delivery. They usually result of medical negligence. They can be caused by genetic factors or they can be the result of conditions that occur during pregnancy, like certain medications or toxins. These conditions can cause serious consequences for the baby as well as the family including permanent damage to the body.
A birth injury lawyer can assist you to claim compensation for any damages incurred due to medical malpractice. They can help you file lawsuits against the accountable parties which could include nurses, doctors medical centers, hospitals and even medical device manufacturers. They can also seek out medical experts who can establish a standard of care expected from a professional in their field, and demonstrate that the defendant did not fulfill this obligation.
The expert witness may also show that the breach directly caused the birth injury of your child. This is referred to as the causation element. Without this evidence, you won't be able to win your case. Your lawyer will also be able to determine the totality of your family's losses. They can include future and past medical expenses, income loss along with pain and suffering and more.
If the doctor's negligence was particularly severe the doctor could be held accountable for punitive damages as well as compensatory damages. These are designed to punish the at-fault party and deter others from engaging in similar reckless or negligent actions in the future.
The skilled Kansas City birth injury lawyers at Burger Law can help you get a fair settlement for your child's medical requirements and other damages. They will fight to make sure that the at-fault parties are liable for the full amount you deserve. They will also take on the burden of dealing with resistant insurance companies to ensure that your rights are protected and your claim is not denied. They will ensure that all statutory deadlines are met in order to safeguard your right to receive compensation. They can also assist you to locate medical professionals who are able to treat the illness of your child and recommend support groups to help your family cope emotionally with the injury of your child.
Medical Malpractice
If the child is injured at birth because of negligence or inadequate medical care, his family will need financial compensation for long-term rehabilitation and expenses for treatment. You should consult an Kansas City birth injuries lawyer as soon as possible. A lawyer can help you through the claims process from identifying the defendant to filing your cause of action before the state's deadline.
A Kansas City birth injury lawyer will increase your chances of receiving the entire amount you and your baby deserve. If you are facing an issue, your lawyer will gather relevant medical records and medical evidence that proves the way in which the injury occurred. They may also need to speak with medical experts or experts in the field of birth injury law.
AccidentInjuryLawyers to a successful birth injury claim is to determine and establish negligence. This can be accomplished by proving that the doctor had a duty to care for you and your child, but they violated that duty through their careless actions, and that their wrongful actions caused the injury. Your lawyer might require an affidavit from a physician or nurse in the same field as the doctor, to prove that the medical care they provided was negligent, improper or not up to par.
Your Kansas City birth injury attorney must also establish causation, which is a medical term that means the injuries were caused by the doctor's actions. This can be done by demonstrating the injury could have been avoided by a preponderance of evidence.
Punitive damages can be awarded in a medical mishap case. These are awarded to penalize the party responsible for their gross inattention or recklessness. Punitive damages can increase your compensation award by a significant amount.
In addition to the financial damages, other damages may be available, for instance, emotional pain and suffering, emotional distress, loss of companionship, or loss of enjoyment in your life. A Kansas City birth injury attorney can assess the severity of the loss and calculate the amount of damages.