A Birth Injury Attorney Can Help You File a Claim
The joy of welcoming a new baby to the world is something many families look forward to for years. Unfortunately complications during labor and birth can cause a complete loss of the family's lives.
Medical malpractice is an injury to a person that occurs when your doctor does not provide the standard of care they are expected to provide, resulting in injury.
Undiagnosed
The birth of a child is a happy occasion, but unfortunately complications can arise during the delivery process. These complications can result from mistakes made by nurses, doctors or other medical professionals. These errors can result in severe and permanent injuries to a baby or mother. Contact a Las Vegas birth accident attorney in the event that your family members have suffered birth injuries as a result of medical negligence. An experienced lawyer can help you file a claim and obtain compensation for your loss.
The purpose of a birth injury lawsuit is to obtain justice for your child by holding the liable party accountable for their actions. A legal claim can be filed against any liable party, including doctors, hospitals, and nurses. The claim could result in financial compensation to help the cost of your child's treatment. The statute of limitations is the time limit to make a claim. It is crucial to consult a Nevada birth injury lawyer as soon as you suspect that there is a malpractice.
You must have a valid claim of medical malpractice in order to be able to sue successfully. This is based on the notion that a doctor or another medical professional failed to meet a reasonable standard during your pregnancy, labour, and the birth. This failure must be proven as the reason for the injuries your child sustained and the damages that resulted.
Medical misdiagnosis is a frequent medical error that can harm patients and their families. It can result in various injuries, including brain damage and permanent disabilities as and emotional trauma. In some instances, it can even cause death. According to a report by the Society for Improved Diagnosis in Medicine (SIDM), medical misdiagnosis can lead to up to 80,000 deaths every year.
Medical malpractice cases can be complicated as you must prove that the medical professional was negligent and this negligence led to the injuries to your child. You'll need to engage an expert witness who can examine the evidence and testify regarding the medical professional's behavior that fell below the acceptable standard.
Birth injuries
The birth of a child is a happy event for most parents. Complications can occur during pregnancy or delivery. Sometimes, these complications result from medical mistakes and can result in devastating injuries to mother and baby. These injuries are typically preventable and can result from negligence or mistakes made by healthcare professionals and doctors. A Las Vegas Nevada birth injuries lawyer can determine if you are eligible to submit an action.
The typical evidence in these cases is eyewitness accounts and medical records. Your attorney may also request an expert medical examine the records of the doctor to determine if there is any evidence of malpractice or negligence. You must be able to prove that the doctor or a healthcare professional, was negligent in causing harm to your child or yourself. If you can demonstrate this, then you could be entitled to compensation.
In a birth injury lawsuit, you can recover damages to cover your family's medical expenses as well as pain and discomfort, lost income, and rehabilitation costs. Punitive damages could also be available. Punitive damages are awarded as a punishment for negligence of the defendant and can be up to three-times the amount of compensatory damages.
Birth injuries can be of kinds that include head or brain trauma and hemorrhages, infections, etc. These injuries could have life-altering effects and require ongoing medical attention and treatment. In some cases these injuries could be fatal.
A lawyer experienced in dealing with birth injury claims can help you understand your rights and help you receive the compensation you deserve. Contact us today to set up an appointment with a knowledgeable Las Vegas Nevada birth injuries lawyer. We can look over your medical records to determine if you are qualified for compensation and assist to obtain it.
Failure to diagnose
In some instances the failure of a medical professional to correctly diagnose a problem could mean the difference between life or death. Unfortunately, this type of mistake happens many times a year. This can cause chronic illnesses, ineffective treatment or disease progression, and even wrongful deaths. A lawsuit for failure to diagnose could help a victim and his or her family members recover financial compensation for funeral expenses, medical bills, the loss of time with loved ones and many more.
A failure to diagnose a lawsuit could be due to one or more of the following reasons:
The claimant must first prove that a doctor-patient relationship existed. This is usually done by presenting a bill that has the name of the doctor on it. The next step is to show that the doctor or health care professional owed the patient a standard of care and breached that duty. This is done by showing the way in which a different doctor could have identified the illness correctly under the same circumstances when they acted reasonably.
The final aspect is proving that the injury or harm that resulted from the doctor's inability to recognize was the result of negligence. This is typically done by consulting a certified medical expert who can review the situation and provide testimony about the ways in which the doctor did not meet the standards.
While there is always some degree of uncertainty that comes with medical practice, it is vital that physicians do their part to protect the lives of patients and to prevent unnecessary suffering. It is essential that victims of negligence hold doctors accountable when their mistakes result in life-long and debilitating injuries or even death. Contact a Las Vegas birth injuries attorney immediately if you suspect that your medical professional failed to meet the standards of treatment. The earlier a skilled lawyer is able to begin investigating the matter by gathering evidence and working with medical experts, the better the chance of a successful claim. Easton & Easton's legal team can help you determine if you have a valid reason to file a medical malpractice lawsuit. We will work with a medical expert to examine the records and provide an affidavit that supports your claim.
Inability to treat
Infants and their families can be afflicted with severe consequences when a medical condition is not addressed or identified in a timely manner. A Las Vegas birth injury lawyer can assist a family in obtaining compensation for their loss. They can also assist them to determine if the doctor and medical staff violated their professional responsibilities. This includes monitoring the patient properly and prompt action to address complications and avoiding medication that could harm the foetus.
A lawyer can assist clients to learn about the legal requirements of their state in order to file a malpractice claim. They can assist the plaintiff in obtaining an affidavit from an accredited medical professional to support the claim. In addition, they can work with doctors and hospitals to negotiate a settlement or to take the claim to trial. They can assist families in filing an insurance claim through Medicare or private insurance.
Many medical malpractice cases such as birth injuries, are settled out of court. This is because the defendants can often expect large verdicts from juries. An experienced birth injury attorney can make the process as stress-free as possible for their clients. More Help can also interview doctors and other medical professionals under oath to gather valuable details that will help their clients' case.
In addition to compensating the past and future medical bills, a birth injury lawsuit may award compensation for other damages, including suffering and pain. Some states restrict non-economic damages for medical negligence. These caps are designed to limit the possibility of a massive jury verdict against hospitals and doctors. These limits are determined by state law, and they vary from state to state.
The National Institute of Child Health and Development estimates that around 80 percent of birth injuries can be prevented. Most of these injuries result from medical errors and could have been prevented by following the standard of care for obstetricians. Injuries to the brain and spine can be particularly hazardous for infants, but these complications can be prevented by proper monitoring and taking quick action when a problem arises.