What Kinds of Challenges Might I Face after Filing a Claim against My Obstetrician?September 27th, 2017
A woman can do everything right during the course of her pregnancy and still end up watching her infant suffer during labor and delivery because of a negligent obstetrician. The day you give birth should be one of the best of your life, but for victims of medical malpractice, it can be one of the worst.
Sadly, birth injuries, substandard care, and other delivery complications are far more common that most women realize. According to the Prevention and Treatment of Traumatic Childbirth, up to 34 percent of women report they had some kind of traumatic experience during delivery.
If your child was hurt at the hands of someone else during delivery, your family may need help covering the costs associated with treating the injury. Although you can file a lawsuit against the liable provider or healthcare facility, you will likely run into obstacles along the way, and securing the compensation you deserve may be more challenging than you initially anticipated.
Fortunately, you do not have to negotiate for a settlement alone. A compassionate birth injury lawyer from The Bowling Christiansen Law Firm can guide you through every step of the claims process.
David A. Bowling has more than 30 years of trial experience, and he can assess the circumstances of your case to determine if you have a valid claim. Call (504) 586-5200 to schedule a case evaluation with a birth injury attorney in New Orleans.
Read on to learn about some of the most common challenges you can expect to face after filing a birth injury claim:
1. Proving Your Doctor Breached the Duty of Care
In order to file a successful claim, you need to be able to prove that had another obstetrician attended the birth, the injury might not have happened. You are ultimately trying to show that any reasonable doctor would not have treated you in the same way that your actual provider had.
If you are not sure how to prove this, your birth injury attorney may recommend gathering testimony from expert witnesses. This might include doctors, nurses, researchers, or scientists.
2. Calculating an Accurate Settlement Amount
When seeking damages for a birth injury, it is essential that you take all possible costs into account. In addition to medical bills and rehabilitation therapy, this might include long-term care expenses, additional educational fees, and other future healthcare costs.
3. Covering Expenses in the Meantime
Resolving an injury claim can take some time, and many families struggle to cover the expenses associated with the incident in the meantime. This can be one of the biggest hurdles you have to face, but if you hire an attorney as soon as you realize you received substandard care, you can secure the compensation you deserve as quickly as possible.
If your child sustained a serious injury during labor and delivery or shortly thereafter, your family may be eligible for compensation to cover medical bills and other expenses. To discuss the validity of your claim and determine the best way to proceed, turn to The Bowling Christiansen Law Firm.