Filing a Birth Injury Lawsuit

Childbirth-related medical negligence can result in permanent birth injuries that require lifetime treatment. The filing of a lawsuit to obtain financial compensation could help parents afford their child's medical treatment and provide a higher standard of living.

Legally proving medical malpractice requires strong evidence. Attorneys construct a case by reviewing medical records and birth injury lawyer identifying all potentially liable parties.

Medical Malpractice

Despite the fact that the US is a medically advanced country but childbirth injuries are a common occurrence. These accidents can have lasting impacts on the victim's quality of life. Parents of children suffering from these injuries should be accountable to the medical professionals for their negligence and seek fair compensation.

In order to build a successful birth injury claim your lawyer will collaborate with financial and medical experts to establish the extent of the damage your child has suffered. This will be determined based on their present and future needs for treatments, medications and caregiving expenses, as well as changes to your house or medical equipment, etc. These are known as "damages."

It is important to be aware that many states have a limit on the amount of compensation that is awarded in medical malpractice cases. This is especially true for non-economic damages like suffering and pain. You might be able beat this limit if partner with an experienced attorney to prove your claim.

The injuries your child suffers, unlike birth defects that are caused by genetics and not caused by negligence on the part of doctors, can have a major impact on the future of your child. This is why it's vital that you choose an experienced lawyer who is aware of these types of claims and can help you obtain a fair settlement or verdict. They will also be ready to handle your case in trial should it be necessary.

Birth Injury

A birth injury could cause the harm of a newborn or birth injury lawyer mother. A cephalohematoma is a birth injury that occurs when blood under the cranium causes a raised bump. This could be caused by forceps. Subgaleal hemorrhage is more grave and involves blood under the scalp.

Other injuries may include brain trauma from lack of oxygen or fractured skull bones. A medical malpractice lawsuit may 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 penalize defendants for committing negligence or inconsideration of the life of a patient.

A lawyer who is knowledgeable can assist parents quickly and frequently access and examine medical records. This will decrease the likelihood of a record being lost or destroyed. Lawyers can also send an entire demand package to the malpractice insurance company for the hospital and the doctor to request an agreement. A demand packet typically contains an explanation of the cause of the injury and how it has affected the baby and family. A malpractice lawyer will usually respond by offering a settlement or decline to settle.

Statute of limitations

If you suspect your child was injured at birth due to medical malpractice, you must seek medical records as soon as you can. If you put off the request, there is a greater likelihood that the records are lost, altered, or destroyed. If you wait too long, it could compromise your ability to make claims that are strong and secure fair compensation.

A doctor or a medical professional may make a range of mistakes during delivery and labor. Some of these errors can cause serious injuries, like an absence of oxygen during the birth injury attorney process (hypoxia). If the medical professional is unable to take the correct steps during these crucial moments, and this results in an injury, it can be considered medical malpractice.

In most cases, victims have three years to file a medical negligence lawsuit beginning from the date of the negligent act or error. New York law has a special rule that extends the time limit to ten years in cases that involve children.

Legal guardianship or a parent typically has to file the claim for a minor, as they cannot sue themselves. This is why it is essential to retain an experienced New York birth injury lawyer who is aware of the complexities of these cases and can fight against the high-pressure tactics often used by insurance companies in these types of disputes.

Filing a Lawsuit

A medical professional's actions at the birth process can leave children with health issues that require ongoing treatment. These injuries could require a lifetime of care that comes with considerable expenses. A legal claim could assist families with the cost of treatment and other expenses.

A birth injury lawsuit begins by proving that the medical provider involved in the incident had a duty to plaintiff. The law says that a medical provider must perform their duties with the care and competence normally provided by experts in their field under similar circumstances. A medical expert is required to determine if the doctor has achieved this standard. The expert will testify to the circumstances leading to the injury and if it was the result of negligence on the part of the medical practitioner.

If an error in the medical field was to blame, the plaintiff must show that the medical professional breached this duty by failing to uphold the standard of care. This means proving that the medical professional acted recklessly or was negligent in their decision-making process. It is not uncommon for a doctor to vehemently deny accusations of malpractice.

The jury will decide the appropriate damages for the case following the trial. This could include past or future medical expenses, therapy, medication and other equipment. In New York, an injured victim can join the Medical Indemnity Fund if a court has accepted a settlement or lawsuit judgment.