Birth Injury Lawsuits

Birth defects that are caused by medical malpractice could leave children with permanent disabilities that require constant treatment. A birth injury lawsuit can help parents pay for these costs.

If you want to pursue this type of claim, you must look at a number of aspects. A lawyer can review your case and determine whether you have a valid claim.

Damages

A victim may be able to seek compensation for medical errors that causes injury. A successful birth injury lawsuit can pay for future medical treatment, loss of income and more. The amount of damages awarded will be contingent on the type and extent of the injury.

A legal claim that is successful requires four elements to be proved: (1) that a medical professional did not act in accordance with the accepted practices for professionals of similar experience and training, (2) that this error caused injury to the patient, (3) that the injuries were severe, and (4) there was evidence of damage. Your lawyer can examine your medical records and consult with experts to determine if your situation meets the requirements.

In addition to medical expenses victims can also be awarded non-economic damages, such as pain and suffering. It can be difficult to estimate the cost for this type of injury, but an attorney can analyze similar cases to determine an appropriate amount.

The defendants in a case involving a birth injury are typically hospitals, the doctor who is responsible for the injury and any nurses involved in the delivery. In certain states, midwives can be sued. In New York, however, they are expected to help with normal pregnancies and to refer high-risk ones to an experienced Obstetrician. In these situations the actions of the midwife may be considered to be a violation of the law in the event that they were found to be irresponsible or negligent.

Statute of limitations

The statute of limitation is a legal term referring to the time frame within which you are able to file suit. This limitation helps ensure that lawsuits are filed promptly while the evidence and witness accounts are still fresh.

The time limit for birth injury claims differs between states. This is because every state has its own laws and standards regarding medical malpractice claims. However, the general rule is that you must wait two to three years from the date when the malpractice occurred to submit an action.

In general, to show negligence, you need to establish that the medical professional was bound by the duty of care. You then have to demonstrate that the healthcare provider did not fulfill their obligation when they failed to adhere to the appropriate standards. The standard of care is usually established by the medical community's own rules and customs.

Your attorney will work with experts to determine the level of care in your situation and if the medical professional was able to meet this obligation. Experts will review medical records and depositions of the doctors involved in your case, and give their opinions.

Your lawyer will work with financial experts in order to determine your damages. The damages are typically based on your child's future needs and can include both economic and non-economic damages.

Expert Witnesses

When a medical error causes an injury to a child the victim can seek compensation for their damages through a lawsuit. The amount of the payout will depend on the severity of the injury as well as the resulting costs. These can include lifetime medical expenses, loss of income due to the inability to work and suffering and pain.

To win in their lawsuit they must show that the defendant's doctor and medical team deviated from an appropriate standard of care. Generally this will require expert witnesses with the proper qualifications and expertise to provide professional opinions. However, defendants can present their own expert witnesses to counter the plaintiffs' assertions.

A medical expert witness is a person who is specialized in expertise and knowledge in their field. They are able to give their opinion on the case and explain it in a clear, comprehendable language to other people during legal processes. In instances of medical malpractice in court, expert witnesses are usually employed to testify.

In a case involving birth injuries, medical experts may be required to provide testimony regarding the guidelines that must be adhered to during pregnancy, birth, and after-birth care. They can also testify about how the defendant's actions or inaction caused the victim's injuries. They can also explain the way in which a different course of action could have avoided the injuries and assist the jury determine liability.

Filing a Lawsuit

In the majority of cases, medical malpractice claims, including birth injury lawsuits, are settled through settlements. Hospitals and doctors often worry about negative publicity and public relations if they're found to be liable for negligence. However, it's crucial to consult with a knowledgeable lawyer prior to accepting any settlement offer for your child's birth injury. Most attorneys offer a free consultation to determine if your child has a valid claim. If they accept your case they'll request the medical records you require and then hire medical experts who will look over them. They will help you determine what should have happened under the standard of care and also identify any missed diagnosis.

Your lawyer will then determine potential defendants for your birth injury lawsuit. This could include the doctor or nurses who treated the patient, and the hospital where the injury occurred. They will then collect additional evidence to support you claim. This could include physical or psychological evidence, as well as expert testimony.

Your attorney may attempt to negotiate a deal prior to filing a formal lawsuit. This is usually done by sending an order letter to the defendant that details the injuries suffered by your child and the associated costs. The demand letter cannot guarantee a payment, but it will give you and your lawyer a sense of how the defendant will be willing to pay.