Filing a Birth Injury Lawsuit

Medical negligence during labor and delivery may cause permanent birth injuries that require a lifetime of care. 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.

Legally proving medical malpractice requires solid evidence. Attorneys present their case by studying medical records and identifying persons who could be accountable.

Medical Malpractice

While the US is among the most advanced medical countries, serious injuries are still frequent during childbirth. These accidents often have lasting effects on the victim's quality of life. Parents of children who suffer from these injuries should hold the medical professionals at fault accountable and demand fair compensation.

Your lawyer will collaborate 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 for medications, therapies cost, caregiving expenses, modifications to your home, medical equipment, and other expenses. These are referred to as "damages."

But, it is important to be aware that a lot of states have maximum limits on the amount of awards awarded in medical malpractice cases. This is particularly relevant to non-economic damages, such as suffering and pain. It is possible to bypass this limitation by collaborating with a competent attorney to submit evidence to support your claim.

Unlike birth defects, which are problems that are caused through genetics and not medical negligence, your child's injuries will have a significant impact on their life. This is why it's crucial that you choose an experienced lawyer who understands these types of claims and can assist you to reach a fair settlement, or verdict. They will also be prepared to defend your case all the way to trial, if needed.

Birth Injury

Birth injuries can affect the mother or the baby. Examples include a cephalohematoma, that occurs when blood flow under the cranium creates a raised bump after a birth and may be a result of forceps use; subgaleal hemorrhage, which involves blood directly under the scalp and is more serious than a cephalohematoma; and brachial palsy, which is a reference to nerves in the arm, shoulder and hand that are stretched out or torn during a challenging birth like one that involves the shoulder getting stuck inside the pelvis (called shoulder dystocia).

Other injuries may be caused by brain trauma, resulting from a lack of oxygen and fractured skull bones. Medical malpractice claims can include other damages such as non-economic damages and economic damages. Some claims seek punitive damages to punish defendants who have displayed extreme carelessness or disregard for the life of patients.

A good lawyer can help parents quickly and frequently obtain and examine medical records. This can reduce the risk of a medical record being lost or destroyed. A lawyer can also send a demand package to the hospital's doctor and malpractice insurer to request a settlement amount for the claim. A demand packet typically contains an explanation of the injuries and how it affected the baby as well as the family. A malpractice carrier will typically respond by offering a settlement or decline to settle.

Statute of limitations

If you suspect that your child suffered an injury to their birth due to medical malpractice, it's essential to obtain their medical records immediately. If you put off the request for too long, there is a higher chance that the information will be lost, altered, or destroyed. Additionally, putting off your decision for too long could jeopardize your ability to build an argument that is strong and secure the right amount of compensation.

A medical doctor or other professional could make a number of errors during delivery and labor. Certain of these errors can cause serious injuries such as a lack in oxygen during birth (hypoxia). Medical malpractice could be a result of a medical professional's failure to perform their duties correctly during these critical moments.

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

A legal guardian or parent typically has to file the claim for a minor since they cannot sue themselves. It is therefore essential to choose a seasoned New York birth injury attorneys injuries lawyer who can deal with these cases without difficulty and fight against the tactics of high pressure that are commonly employed by insurers in these disputes.

Filing a Lawsuit

The actions of a medical professional at the birth process can leave children with life-altering health conditions that require long-term treatment. These injuries could require a lifetime of treatment which can be costly in terms of financial cost. A legal claim can help families in paying for necessary treatments and other costs.

A birth injury lawsuit begins with the proof that the medical professional involved in the accident owed a duty to the plaintiff. The law stipulates that a medical professional must act with the same care and competence normally provided by experts in their field under similar circumstances. A medical expert must be hired to evaluate whether the doctor was able to meet this standard. The expert will also testify as to the circumstances that led to the injury and whether it was the fault of negligence of the medical professional.

A claimant who believes that an error in medicine caused the injury must prove the medical professional's breach of duty due to failing to adhere to the 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 doctors to deny allegations of medical malpractice.

After a trial, the jury will look at the damages that are appropriate to the circumstances. This could include a broad array of damages such as past and future medical bills treatment, medications, and other equipment. It is important to know that in New York, a court-approved settlement or lawsuit judgment can allow an injured victim to be enrolled in the Medical Indemnity Fund for medical benefits relating to their injuries.