If your baby suffered a birth injury, legal help is available. A birth injury lawyer in New Orleans from our firm can fight for the compensation you need to pay for your losses.
To learn more about our services, you can connect with our team for free during your initial case review. We also work based on a contingency fee, so you do not have to worry about paying us any upfront or out-of-pocket fees. We charge you only if you receive compensation.
Damages You May be Able to Recover in a Birth Injury Case
Calculating damages for a birth injury is very difficult because it is tough to calculate the value of your anticipated expenses. Yet, your birth injury lawyer in New Orleans can use their experience and knowledge to put a price tag on each of your damages.
Damages are classified into two categories: economic and non-economic.
Your Economic Damages Come with Preset Financial Values
Compensation for these losses has a fixed dollar value, so you just need to add up all the money you have spent and lost since the injury. These expenses may include:
- Medical costs. The mother and/or child might require serious medical treatment for the injury. These services may include medications, lab work, doctors’ appointments, surgeries, medical devices (e.g., wheelchairs), and mental health therapy for the family members who were traumatized by the experience.
- Lost income. The mother and/or the father might have had to take off work to care for the child, go to doctors’ appointments, or just heal—mentally and physically—from the incident.
- Out-of-pocket expenses. You may have had to hire a nanny or a housekeeping service for assistance.
Your Non-Economic Damages do not Have Set Monetary Values
These losses cover how the birth injury affected you and your family mentally and physically. These damages can include:
- Disability. Your baby may have developmental or intellectual delays or impairments.
- Pain and suffering. You and your family may need help coping with the mental and emotional trauma from the event.
- Loss of quality of life: Your baby may not be able to live independently and enjoy life the same way they would have if not for the injury.
These damages can cover both short-term and long-term losses following a birth injury. Depending on your situation, you may be able to recover losses not included here.
How Our Team can Help You and Your Family Fight for the Maximum Compensation Possible
Trying to cope with a new lifestyle and help your baby get the treatment they need is exhausting and time-consuming. Bringing the negligent party to justice may seem too overwhelming to even think about.
The good news is, while you tend to your child and other responsibilities, our team can take on your case and pursue compensation on your behalf. The list below indicates how we can serve you during this trying time.
We can Investigate Your Situation
After hearing your side of the story, a lawyer from our firm can begin to gather evidence to build your case. They can first interview your medical team and note their account of events and what they did before, during, and after delivery.
They can then consult other medical professionals in the same field and determine if your medical team followed all protocols and procedures accordingly. Pictures of the ultrasound during pregnancy can also demonstrate the medical team’s negligence.
We can Help You Calculate the Value of Your Losses
Your final settlement could account for the hardships that you and your family will face both now and in the future. To determine the value of your losses, we will consult with economists and medical professionals to learn more about your losses’ value. We will also use your medical bills, relevant invoices, and other documents to learn more about your case’s cumulative value.
During the negotiations process, we will also advise you on what constitutes a fair settlement offer and what does not.
We can Communicate with the Insurance Company for You
Facing a hospital or a medical corporation’s legal team and insurance company can be intimidating. They may try to pin the blame on you and claim you went against medical advice, ultimately causing your baby’s birth injury.
Alternatively, they may admit their client was at fault but still offer you a low settlement. Your lawyer can negotiate a fair settlement to cover your needs and your baby’s needs. If no one can agree on a settlement amount, then you may have to file a lawsuit.
We can File Your Medical Malpractice Lawsuit within the Statute of Limitations
Should you decide to file a lawsuit, make sure you do so within Louisiana’s statute of limitations. If you are suing for medical malpractice, RS §9:5628 gives you one year to sue after the day of discovery—three years at the most.
If your baby and/or the mother died from the birth injury, CC §2315.2 provides one year for surviving family members to bring a wrongful death lawsuit against the at-fault party.
Waiting too long may jeopardize your chances of recovering any of your related damages. Considering prompt legal action could be in your best interests.
We can Address Your Case’s Potential Complications
No doctor wants to admit they made a mistake during the birthing process. To avoid being held responsible, they might argue that they could not have foreseen any complications or that you somehow contributed to the problem.
Here are some challenges that we can address during your case’s progression:
- The doctor refuses to acknowledge their role in the incident.
- The doctor does not carry medical malpractice insurance (which is not required by the state but can complicate the financial recovery process).
- The doctor argues that they informed you about potential risks and did everything they could to help you.
- You do not have access to evidence that could support your claim.
Right now, we do not want you to worry about what could go wrong in your case. Instead, we want you to focus on caring for your family and recovering from this event. Your birth injury team in New Orleans will address any issues that threaten your case’s progression.
We can Handle the Medical Review Panel Process for You
To have a valid case, your situation must be brought before a medical review panel. This group will consist of three healthcare professionals and a lawyer who manages the process. This group will hear your case and determine whether you have the basis of a medical malpractice claim.
We will present the board with evidence, manage the selection process, and bring this obligation to completion.
Take Legal Action with Our Attorneys Today
At Laborde Earles Injury Lawyers, our top priority is to make sure you have everything you need to take care of yourself and your family following this incident. Let our team of birth injury lawyers in New Orleans get the compensation you are entitled to collect.
Reach out to us now.