Filing a Birth Injury Lawsuit
Medical negligence during labor and delivery could cause permanent
birth injuries that require lifetime treatment. The filing of a lawsuit to obtain financial compensation can help parents afford the medical expenses of their child and help ensure a better standard of living.
To prove medical malpractice legally, you must have strong evidence. Attorneys construct a case by looking over medical records and identifying all possible parties that could be liable.
Medical Malpractice
Despite the fact that the US is a medically advanced state, childbirth injuries are still frequently occurring. These accidents can have a lasting effect on the life of the person who suffered. Parents of children who are suffering from these injuries have to hold medical professionals at fault accountable and seek fair compensation.
Your lawyer will consult with medical experts and financial experts to determine the severity of the damage your child suffered. This will be determined by the current and future needs of your child, such as medications, therapies or caregiving expenses, changes to your house and medical equipment and more. These are referred to as "damages."
However, you should be aware that many states have limits on awards in medical malpractice cases. This is particularly true for non-economic damages such as pain and suffering. It is possible to circumvent this limit if you employ an experienced lawyer to present evidence to support your claim.
Your child's injuries, in contrast to
birth injury lawyers problems that are genetically caused 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 understands these types of claims and can assist you to obtain a fair settlement or verdict. They'll also be able to go all the way through trial, if needed.
Birth Injury
A
birth injury law firms injury could cause the harm of a newborn or mother. Examples include a cephalohematoma, which is when bleeding under the cranium causes an elevated bump after birth, and may be the result of forceps usage; subgaleal hemorrhage that involves bleeding directly under the scalp and is more dangerous than a cephalohematoma; and brachial palsy refers to the nerves of the arm, shoulder, and hand that are stretched too much or torn by a difficult birth, such as one that involves a shoulder getting stuck in the pelvis (called shoulder dystocia).
Other injuries include brain trauma caused by a lack of oxygen or broken skull bones. Medical malpractice claims could also include other damages, such as non-economic damages and economic damages. Some claims seek punitive damages to punish defendants who have demonstrated extreme negligence or disregard for the health of patients.
A lawyer who is knowledgeable can assist parents quickly and often obtain and review medical records. This reduces the likelihood that a record could be lost or destroyed. Lawyers can also send a package of demands to the malpractice insurance company for the hospital and doctor to ask for a settlement. A demand package usually includes a statement explaining the cause of the injury and how it has affected the baby and family. A malpractice insurer will usually respond with an offer to settle, or a refusal to settle.
Statute of limitations
If you suspect that your child suffered a birth injury due to medical malpractice, it is important to request their medical records as soon as possible. Doing so may increase the likelihood of them being lost, altered, or destroyed. A delay of too long may limit your ability to make claims that are strong and secure fair compensation.
A doctor or other medical professional may make any number of mistakes during labor and delivery. Some of these mistakes could cause serious injuries, such as the inability to breathe during the birth process (hypoxia). Medical malpractice is often a result of a medical professional failing to perform their duties correctly during these critical moments.
In the majority of cases, victims get three years from when the negligent act was committed or was omitted to make a claim for medical malpractice. New York law has a special rule that extends the time limit to ten years when it comes to claims that involve children.
A guardian or parent must generally bring the claim for a minor, since they cannot sue themselves. This is why it is essential to employ a skilled New York birth injury lawyer who is knowledgeable of these cases and will fight the high-pressure tactics commonly employed by insurance companies in these kinds of disputes.
Filing a Lawsuit
A medical professional's actions at the birth process can leave children with life-altering health conditions that require ongoing treatment. These injuries can require a lifetime's worth treatments, which incurs significant financial costs. A legal claim could aid families in paying for the needed treatments and other expenses.
A birth injury case starts with proving that the medical provider responsible for the accident had a duty to the plaintiff. The law says that a medical provider must exercise the care and expertise normally provided by professionals in their field in similar circumstances. A medical expert is required to determine if the doctor met the requirements of this standard. The expert will also testify on the circumstances that led to the injury and whether it was caused by the negligence of the medical professional.
If an error in the medical field was the cause, a plaintiff must show that the medical professional breached the duty of care by failing to meet the standard of care. This includes proving that the medical professional acted negligently or was negligent in their decision-making process. It is not unusual for a doctor to vehemently deny allegations of malpractice.
In the course of a trial, a jury will determine the amount of damages that are appropriate for the circumstances. This could include a broad range of damages including past and future medical bills, therapy, medications and other equipment. It is important to know that in New York, a court-approved settlement or lawsuit judgment will allow the injured victim to enroll in the Medical Indemnity Fund for medical benefits that are related to their injury.
