Filing a Birth Injury Lawsuit

Medical negligence during labor and delivery may cause permanent birth injuries that need to be treated for a lifetime treatment. Making a claim to receive financial compensation can help parents pay for their child's ongoing medical treatments and provide a better quality of life.

To prove medical malpractice legally, you require strong evidence. Attorneys construct a case by studying medical records and identifying potential liable parties.

Medical Malpractice

Although the US is one of the most advanced medical systems however, serious injuries are prevalent during the birth of a child. These accidents can have a lasting impact on the lives of the victims. Parents of children suffering from these damages have to hold medical professionals at fault accountable and seek fair compensation.

To construct a successful birth injury claim your lawyer will collaborate with financial and medical experts to determine the extent of the harm your child's suffered. This will be based on their present and future needs like treatments, medications and caregiving expenses, as well as changes to your home or medical equipment and so on. These are called "damages."

You should be aware that many states limit the amount of compensation awarded in medical malpractice cases. This is especially true for noneconomic damages, like pain and discomfort. It may be possible to avoid this limitation by collaborating with a competent attorney to present evidence that supports your claim.

Unlike birth defects, which are conditions that are caused by genetics, and not caused by negligence on the part of a doctor the injuries your child suffers will have a major impact on their life. It is essential to choose an attorney who is experienced in handling these types of cases and can help you obtain a fair verdict or settlement. They will also be prepared to go all the way to trial, if needed.

Birth Injury

Birth injuries can cause the harm of a newborn or mother. For instance, a cephalohematoma which occurs when bleeding beneath the cranium creates a raised bump after a birth and could be the result of forceps use; subgaleal hemorrhage which causes blood directly under the scalp and is more dangerous than a cephalohematoma; and brachial palsy, which refers to nerves in the shoulder, arm and hand that are overstretched or torn during a difficult birth such as one involving the shoulder getting stuck inside the pelvis (called shoulder dystocia).

Other injuries may include brain trauma due to a lack of oxygen or fractured skull bones. A medical malpractice case can include claims for additional damages, including economic and non-economic damages for pain & suffering as well as lost future income. Some claims also seek punitive damages to punish defendants for extreme carelessness or disregard for the life of a patient.

A good lawyer will assist parents access and review medical records quickly and frequently. This can reduce the risk of losing a record or destroyed. Lawyers can also send an entire demand package to the malpractice insurance company for the hospital and doctor to ask for a settlement. A demand package usually includes a statement explaining the injury and how it affected the baby and the family. A malpractice insurer will usually respond with a settlement offer or an insistence on settlement.

Statute of Limitations

If you suspect your child was injured at birth due to medical malpractice, it is important to get their medical records as soon as you can. In the event that you wait, you increase the risk that they are lost and/or altered or destroyed. A delay of too long may compromise your ability to make a strong claim and receive fair compensation.

A doctor or other medical professional could make a number of mistakes during delivery and labor. Some of these mistakes could result in serious injuries like the lack of oxygen during birth (hypoxia). If the medical professional fails to take the correct steps during these crucial moments and results in injury, it could be considered medical malpractice.

In most cases, victims have three years to file a medical negligence suit from the time of the negligent act or mistake. However, New York law includes an exception that extends this time frame to 10 years for cases involving children.

Since minors are not able to sue on their own, a parent or legal guardian is likely to have to file the lawsuit on behalf of the minor. This makes it particularly important to hire a seasoned New York birth injury lawyer who understands the complexities of these kinds of cases and will fight the high-pressure tactics frequently employed by insurance companies in these kinds of disputes.

Filing a Lawsuit

A medical professional's actions at a birth can leave children with health issues that require ongoing treatment. These injuries may require a lifetime's worth of treatment, which comes with substantial financial burdens. A legal claim could aid families to pay for necessary treatments as well as other costs.

A birth injury claim begins by proving that the medical provider responsible for the accident had a duty to plaintiff. The law says that a medical provider must act with the same care and skill ordinarily provided by experts in their field under similar circumstances. A medical expert is required to determine if the physician 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 professional.

If an error in the medical field was the cause, a plaintiff must show that the medical professional violated this duty by failing meet the standard of care. This includes demonstrating that the medical professional acted recklessly or was negligent in their decision-making procedure. It is not unusual for a doctor to vehemently deny allegations of malpractice.

The jury will decide the appropriate amount of damages for the case following an investigation. This may include past and future medical expenses, therapy costs, medication and other equipment. It is crucial to remember that in New York, a court-approved settlement or lawsuit judgment allows the victim of injury to enroll in the Medical Indemnity Fund for medical benefits related to their injury.