A Birth Injury Attorney Can Help You File a Claim
Most families have been waiting for years to welcome a new infant to the world. However, complications can occur during the birth process that can cause life-changing destruction for the family.
Medical malpractice is a personal injury that occurs when your doctor fails to meet the standards of care they are supposed to provide, resulting in harm.
Incorrect diagnosis
The birth of a baby is a joyful event however, complications can occur during the birth process. These problems could be caused by errors on the part of nurses, doctors or other medical professionals. These mistakes can result in serious and lifelong injuries for babies or mothers. If your family has experienced birth injuries as a result of medical negligence, consult an Las Vegas birth injury attorney. An experienced lawyer can help you file a claim and obtain compensation for your losses.
A birth injury lawsuit is designed to obtain justice for your child, by holding the responsible party accountable for their actions. A legal claim can be filed against any liable parties including hospitals, doctors, and nurses. The claim could result in monetary compensation to provide your child's medical care. There is a deadline for filing a lawsuit, also known as the statute of limitations, therefore it's important to speak with a Nevada birth injury attorney immediately if there is suspicion of malpractice.
You must have a valid claim for medical malpractice in order to to successfully sue. This is based on the theory 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. The failure has to be proved to be the reason for your child's injuries and the resultant damages.
Medical misdiagnosis is a frequent medical error that can harm patients and their families. It can cause a wide range of injuries that include brain damage, permanent disabilities, as well as emotional trauma. In some cases it can even lead to death. According to a research conducted by the Society for Improved Diagnosis in Medicine, medical misdiagnosis kills up to 80,000 people each year.
Medical malpractice claims can be a bit complicated in that you must establish that medical professionals acted negligently and that their negligence was the cause of the injuries suffered by your child. To prove this, you will need an expert witness to look over the evidence and demonstrate that the medical professional's behavior was below a reasonable standard of care.
Birth injuries
Most parents find the birth of their child a joyful event. However, complications can arise during the pregnancy or during the delivery process. Sometimes, these complications are caused by medical errors that can lead to devastating injuries to both mother and baby. These injuries are usually preventable and can be caused by negligence or mistakes made by doctors and other healthcare professionals. A Las Vegas Nevada birth injury lawyer can help you determine whether you are a victim.
In these instances, medical records and eyewitness testimony are typical evidence. Your lawyer may also employ a medical expert to examine the doctor's notes in order to identify any evidence of negligence or malpractice. You must demonstrate that the doctor, or a healthcare professional, was negligent in harming your child or yourself. If you can prove this, then you could be entitled to compensation.
In a lawsuit for birth injuries you may be able to recover damages to cover medical expenses including discomfort and pain, loss of income, and rehabilitation costs. Punitive damages may also be available. These are awarded to punish the defendant for their negligence. These could be as high as three times the amount of your compensatory damages.
Birth injuries can be of different types that include head or brain trauma as well as infections, hemorrhages, and so on. These injuries can cause life-altering effects and require an entire lifetime of care and treatment. These injuries can be fatal in some cases.
A lawyer who has experience in dealing with birth injuries will help you understand your rights and get the compensation that you deserve. If obstetric malpractice attorney or someone you love has suffered a traumatic injury due to an error in the medical field during childbirth, contact us now to schedule an appointment with a Las Vegas Nevada birth injury lawyer. We will review your medical records and determine whether you have a case and can help you get the financial compensation you are entitled to.
Failure to diagnose
In some instances, a medical professional's failure to diagnose a condition correctly can be the difference between life or death. Unfortunately, this type of mistake happens every year millions of times. This can cause long-term illnesses, ineffective treatments, disease progression or even wrongful deaths. A lawsuit claiming that a patient was not diagnosed could help the victim and their family members recover financial compensation, such as funeral costs, medical bills and lost time with loved ones.
The failure to identify a lawsuit could be due to one or more of these factors:
First, the plaintiff must establish an established doctor-patient relationship. This is usually done by presenting an invoice that bears the name of the doctor on it. The next step is to show that the doctor or other health care professional breached their obligation of care. This is usually done by proving that a different doctor, acting reasonably, would have identified the condition correctly in the same circumstances.
The final aspect is proving that the injury or harm that resulted from the doctor's failure to diagnose was caused by the negligence. This is usually done by working with a medical professional who will review the case and provide testimony about the manner in which the doctor fell short of the standard of care.
It is crucial that doctors play their part in safeguarding the lives of their patients and preventing unnecessary suffering. It is also crucial that those who suffer from medical malpractice make physicians accountable when their mistakes result in permanent and painful injuries, or even death. If you suspect that your doctor has failed to meet the appropriate standards of care get in touch with a Las Vegas birth injury attorney immediately. The sooner an experienced lawyer can start looking into your case, collecting evidence and working with medical experts, the better. Easton & Easton's legal team can assist you in determining if you are eligible for a medical malpractice lawsuit. We will work with an expert medical to review your records and provide an affidavit to support your claim.
Inability to treat
Families of infants can be severely affected if a medical problem is not addressed or identified promptly. A Las Vegas birth injury attorney can help a family receive compensation for their losses. They can also assist in determining if the doctor, or medical staff, breached their duties. This includes providing proper monitoring, addressing complications promptly and avoid taking medications that may harm the fetus.
A lawyer can assist clients to know the requirements of their state to file a claim for malpractice. They can also help the plaintiff obtain an affidavit of merit from a credentialed medical professional to support their case. They can also collaborate with hospitals and doctors to negotiate a settlement, or even go to trial. They can also assist families with filing an insurance claim through Medicare or private insurance.
Many medical malpractice cases such as birth injuries, are settled out of court. The defendants are often expecting large verdicts from a jury. A experienced birth injury lawyer can make the process as easy as is possible for clients. They can also interview doctors and other medical professionals under an oath to gather important information that will help strengthen their client's case.
A birth injury lawsuit can also award compensation for pain and suffering, in addition to past and future medical expenses. Some states limit the amount of non-economic damages for medical malpractice. These caps are intended to minimize the possibility of a large jury verdict against doctors and hospitals. However, it should be taken into consideration that these limits are based on the state's law and may differ from one state to the next.
The National Institute of Child Health and Development (NICHD) estimates that 80% of all birth injury cases are preventable. Most of these accidents were caused by medical mistakes and could easily been avoided by following the standard of care expected of obstetricians. Brain injuries and spine can be particularly hazardous for infants, however these problems can be prevented by proper monitoring and taking quick action when an issue arises.