Filing a Birth Injury Lawsuit

A medical error during childbirth can result in permanent birth injuries that require lifelong care. Filing a lawsuit to obtain financial compensation can help parents pay for their child's ongoing medical treatments and ensure a better quality of life.

Legally proving medical malpractice requires strong evidence. Attorneys build a case by examining medical records and identifying potential liable parties.

Medical Malpractice

While the US is among the world's most advanced medical countries However, serious injuries remain prevalent during the birth of a child. These accidents can cause lasting impact on the life of the victim. Parents of children who suffer from these injuries should be accountable to the medical professionals for their negligence and seek an appropriate amount of compensation.

Your lawyer will consult with financial experts and medical experts to determine the degree of damage your child has suffered. This will be based on their current and future needs including therapy, medication, caregiving costs, modifications to your home, medical equipment, and other costs. They are also known as "damages."

You should be aware that a lot of states limit the amount of compensation that is awarded in medical malpractice cases. This is particularly true for noneconomic damages, like discomfort and pain. It may be possible to bypass this limitation through working with an experienced attorney to submit evidence that supports your claim.

The injuries your child suffers, unlike birth defects that are genetically triggered and not due to negligence on the part of doctors, can have a significant impact on the future of your child. It is crucial to select an attorney who is experienced in dealing with these kinds of cases and can assist you get a fair verdict or settlement. They'll also be prepared to pursue your case to trial, should it be necessary.

Birth Injury

Birth injuries can affect either the mother or baby. Cephalohematoma is a birth injury that occurs when blood under the cranium causes a bump to rise. This can be caused by forceps. Subgaleal hemorrhage is more severe and involves blood flowing under the scalp.

Other injuries can include brain traumas caused by the lack of oxygen or fractured skull bones. A medical malpractice case can also be a source of claims for other damages, such as economic and non-economic damages for pain and suffering, as well as loss of future income. Some claims also seek punitive damages to punish defendants for extreme carelessness or disregard for a patient's life.

A good lawyer will help parents obtain and review medical records quickly and often. This reduces the likelihood that the records could be lost or destroyed. A lawyer can also send an offer to the doctor or hospital's malpractice insurer to request a settlement for the claim. A demand package usually includes a statement explaining the cause of the injury and the impact it has had on the baby and family. A malpractice attorney will usually respond by offering a settlement 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 request their medical records as soon as possible. If you delay long enough, there is a greater likelihood that the records will be lost, altered or destroyed. Waiting too long can also compromise your ability to make a strong claim and receive an appropriate amount of compensation.

A medical doctor or other professional may make a variety of mistakes during the delivery process and labor. Certain of these errors can result in serious injuries like the lack of oxygen during birth (hypoxia). Medical malpractice can be a result of a medical professional's inability to be a good person in these critical moments.

In the majority of cases, victims have three years to file a medical negligence lawsuit beginning from the date of the negligent act or mistake. New York law has a special rule which extends the time limit to ten years when it comes to claims that involve children.

Legal guardianship or a parent is required to bring a claim for a minor as they are not able to sue themselves. This makes it crucial to employ a skilled New York birth injury lawyer who is familiar with the complexities of these cases and is able to fight the high-pressure tactics that are frequently employed by insurance companies in these types of disputes.

Filing a Lawsuit

Medical professionals' actions could cause children to have life-altering ailments that require long-term treatment. These injuries may require a lifetime of treatment that comes with considerable financial cost. A legal claim can assist families in paying for necessary treatments and other costs.

The first step in proving the cause of birth injuries is to establish that the medical professional who was involved in the accident had a duty towards 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 must determine if the doctor has met this standard. The expert will testify as to the circumstances that led to the injury and whether the injury was caused by negligence on the part of the medical provider.

A person who believes that an error in medicine caused the injury must prove that the medical professional's breach of duty by not adhering to standard of care. This means proving that the medical professional acted negligently or was negligent in their decision-making procedure. It is not uncommon for a doctor to vigorously deny accusations of malpractice.

After a trial, the jury will look at the damages that are appropriate for the specific case. This could include past or future medical expenses, therapy, [empty] medication and equipment. In New York, an injured victim can enroll in the Medical Indemnity Fund if a court has approved a settlement or lawsuit judgment.