Filing a Birth Injury Lawsuit

Medical negligence during labor and birth can cause permanent birth injuries that require lifetime care. A lawsuit filed to seek financial compensation for parents can help pay for the ongoing medical treatment for their child and provide a better quality of life.

Legally proving medical malpractice requires strong evidence. Attorneys create a case by studying medical records and identifying potentially liable parties.

Medical Malpractice

While the US is one of the most advanced medical societies but serious injuries are common in childbirth. These accidents often have lasting consequences for the victim's quality of life. Parents who have children suffering from these damages must hold the at-fault medical professionals accountable and demand fair compensation.

Your lawyer will work with financial experts and medical experts to determine the severity of damage your child has suffered. This will be based on the current and future needs of your child like treatments, medications, caregiving costs, modifications to your home, medical equipment and other costs. These are referred to as "damages."

It is important to be aware that many states have a limit on the amount of money awarded in medical malpractice cases. This is especially relevant to non-economic damages such as pain and discomfort. It is possible to overcome this limitation if partner with an experienced attorney to provide evidence to support your claim.

Your child's injuries, in contrast to birth defects that are genetically triggered and not caused by medical negligence, will have a major impact on the future of your child. This is why it's critical that you choose a knowledgeable lawyer who is aware of these types of claims and can assist you to obtain a fair settlement or verdict. They'll also be able to defend your case all the way through trial, if necessary.

Birth Injury

Birth injuries can affect the mother or baby. Examples include a cephalohematoma which occurs when bleeding under the cranium creates an elevated bump after birth injury law firm, and may be the result of forceps usage; subgaleal hemorrhage, which causes bleeding directly under the scalp and is more severe than a cephalohematoma brachial palsy, which refers to the nerves that run through the shoulder, arm and hand that are stretched out or torn by a difficult birth, birth injury lawyer for example, one that involves the shoulder getting stuck inside the pelvis (called shoulder dystocia).

Other injuries include brain injuries due to lack of oxygen, as well as fractured skull bones. Medical malpractice claims can also be a source of claims for other damages, such as economic and non-economic damages for pain & suffering and future loss of income. Some claims also seek punitive damages designed to punish defendants for their extreme carelessness or disregard for the life of a patient.

A good lawyer will assist parents review and obtain medical records quickly and frequently. This will decrease the likelihood of a document being lost or destroyed. Lawyers can also send a demand package to the hospital's doctor and malpractice insurer to request a settlement for the claim. A demand birth injury lawyer package typically includes a statement explaining the cause of the injury and how it has affected the baby and family. A malpractice attorney will usually respond with a settlement offer or decline to settle.

Statute of limitations

If you suspect that your child was injured at birth due to medical malpractice, it is important to seek medical records as soon as possible. If you delay longer, there is a greater chance that the records will be lost, altered, or destroyed. In addition, putting off the process for too long can compromise your ability to present a strong case and recover the right amount of compensation.

A physician or medical professional could make a number of errors during labor and delivery. Some of these mistakes could cause serious injuries such as the lack of oxygen during birth (hypoxia). Medical malpractice could be the result of a medical professional failing to be a good person in these critical moments.

In the majority of cases victims have three years to file a medical malpractice lawsuit starting from the date of the negligent act or negligence. New York law has a special rule that extends the deadline to ten years for claims that involve children.

Since minors aren't able to sue on their own the parent or legal guardian will generally have to bring the claim on their behalf. This is why it is essential to work with an experienced New York birth injury lawyer (click through the next page) who is familiar with the complexities of these cases and is able to fight the high-pressure tactics often used by insurance companies in these types of disputes.

Filing a Lawsuit

The actions of a medical professional at the birth process can leave children with health issues that require ongoing care. These injuries could require a lifetime's worth treatment, and that comes with substantial financial burdens. A legal claim can assist families with the needed treatments and other expenses.

A birth injury case begins with the evidence that the medical practitioner who was involved in the incident had a duty to plaintiff. In the eyes of law, a medical provider is required to perform their duties with the same level of care and competence that experts in their field would use under similar circumstances. A medical expert must determine whether the doctor has achieved this standard. The expert will testify as to the circumstances that led up to the injury, and whether it was the result of negligence on the part of the medical provider.

If an error in medical care was to blame, a claimant must prove that the medical professional violated this duty by failing to adhere to the standards of care. This includes demonstrating that the medical professional acted recklessly or was negligent in their decision-making procedure. It is not unusual for doctors to deny allegations of medical malpractice.

The jury will determine the appropriate amount of damages for the case following the trial. This could be a wide array of damages such as past and future medical bills as well as therapy, medications, and equipment. It is important to know that in New York, a court-approved settlement or lawsuit judgment can allow an injured victim to enroll in the Medical Indemnity Fund for medical benefits related to their injury.