Filing a Birth Injury Lawsuit

Medical negligence during childbirth can result in permanent birth injuries requiring lifetime medical attention. A lawsuit filed to seek financial compensation can help parents pay for their child's ongoing medical expenses and improve their quality of life.

Legally proving medical malpractice requires strong evidence. Attorneys build their case by reviewing medical records and identifying people who might be responsible.

Medical Malpractice

Although the US is among the most advanced medical countries, serious injuries are still common during childbirth. These accidents can have lasting impacts on the victim's quality of life. Parents of children who suffer from these injuries should make sure that medical professionals are held accountable for their negligence and seek fair compensation.

Your lawyer will consult with medical experts and financial experts to determine the extent of damage your child has suffered. This will be determined by the current and future needs of your child including medications, therapies cost, caregiving expenses, modifications to your home, medical equipment, and other costs. These are referred as "damages."

You should be aware of the fact that many states restrict the amount of compensation that is awarded in medical malpractice cases. This is especially applicable to non-economic damages like suffering and pain. It is possible to beat this limit if collaborate with an experienced attorney to present evidence to support your claim.

The child's injuries, which are not as severe as birth injury lawsuits defects that are genetically caused and not caused by negligence on the part of doctors, can have a significant impact on the future of your child. This is why it's critical that you select a skilled lawyer who understands these types of claims and can assist you to get a fair settlement or verdict. They will also be ready to take your case through trial if required.

Birth Injury

A birth injury may cause harm to a baby or mother. Examples include a cephalohematoma, which is when bleeding under the cranium causes an elevated bump following a delivery and may be the result of the use of forceps; subgaleal hemorrhage that involves blood directly under the scalp and is more severe than a cephalohematoma brachial palsy refers to the nerves of the shoulder, arm and hand that are stretched out or torn during a challenging Birth injury law firms such as one involving the shoulder becoming stuck in the pelvis (called shoulder dystocia).

Other injuries can include brain trauma caused by a lack of oxygen or fractured skull bones. A medical malpractice lawsuit may also be a source of claims for other damages, like economic and non-economic damages for pain & suffering and lost future income. Some claims seek punitive damages to penalize those who have shown a great deal of carelessness or disregard for the life of the patient.

A good lawyer can assist parents access and review medical records quickly and frequently. This reduces the chance of a document being lost or destroyed. A lawyer could also send a package of demands to the malpractice insurer for the hospital and physician to request a settlement. A demand package typically includes a statement explaining the cause of the injury and the impact it has had on the baby and the family. A malpractice attorney will usually respond with a settlement offer or decline to settle.

Statute of limitations

If you suspect that your child has suffered an injury at birth due to medical malpractice, it's essential to obtain their medical records immediately. Waiting to do so could increase the risk that they're lost or altered, or even destroyed. Waiting too long can also affect your ability to file a a strong claim and receive an appropriate amount of compensation.

A doctor or another medical professional may make a variety of mistakes during the delivery process and labor. Certain of these errors can cause serious injuries, like a lack in oxygen during birth (hypoxia). If the medical professional is unable to follow the correct procedures during these crucial moments and results in an injury, it can be considered medical malpractice.

In the majority of 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 for lawsuits that involve children.

Since minors cannot sue on their own parents or legal guardian will generally have to file the lawsuit on behalf of the minor. This is why it is essential to retain an experienced New York birth injury lawyer who is aware of the complexities of these types of cases and can fight against the high-pressure tactics that are commonly employed by insurance companies in these types of disputes.

Filing an action

The actions of a medical professional during birth can leave children with life-altering health conditions that require long-term care. These injuries may require a lifetime of care that comes with considerable expenses. A legal claim can help families with paying for the necessary treatments and other costs.

The first step to prove the cause of birth injuries is to prove that the medical professional who was involved in the accident had a duty towards the plaintiff. The law stipulates that a medical provider must act with the same care and skill normally offered by professionals in their field in similar circumstances. A medical expert has to be consulted to determine whether the doctor fulfilled this requirement. The expert will also testify regarding the circumstances that caused the injury, and whether it was the fault of negligence of the medical provider.

A person who believes that an error in medical care caused the injury has to prove the medical professional's breach of duty through not following the usual standards of care. This means proving that the medical professional was negligent or was negligent in their decision-making process. It is not unusual for a doctor to vehemently contest allegations of malpractice.

The jury will determine the appropriate damages for the case following a trial. This could include a broad range of damages that include past and future medical bills as well as therapy, medications, and other equipment. In New York, an injured victim may enroll in the Medical Indemnity Fund if a court has accepted a settlement or lawsuit judgment.