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Filing a Birth Injury Lawsuit

Medical negligence during childbirth can cause permanent birth injuries that require lifelong care. Making a claim to receive financial compensation can help parents pay for their child's ongoing medical treatments and secure a better quality of life.

To prove medical malpractice legally, you need solid evidence. Attorneys construct a case by looking over medical records and identifying potential liable parties.

Medical Malpractice

Although the US is one of the most advanced medical societies, serious injuries are still prevalent during the birth of a child. These injuries can have a lasting impact on the lives of the victims. Parents of children suffering from these injuries must make sure that medical professionals are held accountable at fault and seek fair compensation.

To build a successful birth injury case the lawyer you choose to hire will work with medical and financial experts to determine the severity of the harm your child's suffered. This will be based on the current and future needs of your child, such as medications, therapies, caregiving costs, modifications to your home, medical equipment and other costs. These are known as "damages."

It is important to be aware that several states limit the amount of compensation that is awarded in medical malpractice cases. This is particularly applicable to non-economic damages, like discomfort and pain. It is possible to circumvent this limit by working with a knowledgeable lawyer to provide evidence that supports your claim.

Your child's injuries, unlike birth defects that are genetically caused and not caused by medical negligence, will have a significant impact on the future of your child. It is important to choose an attorney who has experience in handling these types of cases. They can help you get a fair verdict or settlement. They'll also be able to present your case for trial if required.

Birth Injury

Birth injuries can cause harm to a baby or mother. Examples include a cerphalohematoma which occurs when bleeding beneath the cranium creates a bump that is raised after a birth and could be the result of the use of forceps; subgaleal hemorrhage that involves bleeding directly under the scalp and is more dangerous than a cephalohematoma; and brachial palsy, which is a reference to nerves in the arm, shoulder and hand that are stretched or torn during a challenging birth such as one involving the shoulder being stuck in the pelvis (called shoulder dystocia).

Other injuries include brain trauma from the lack of oxygen as well as fractured skull bones. Medical malpractice claims could also contain other damages like economic damages and non-economic damages. Some claims seek punitive damages to punish those who have shown a great deal of carelessness or disregard for the health of the patient.

A good lawyer can assist parents review and obtain medical records quickly and often. This can reduce the risk that the records could be lost or destroyed. A lawyer can also send a demand package to the doctor and hospital's malpractice carrier to request a settlement amount for the claim. The demand package typically contains an explanation of the accident and how it affected the baby and the family. A malpractice insurance company will typically respond with a settlement proposal, or an insistence on settlement.

Statute of Limitations

If you suspect that your child suffered a birth injury due to medical malpractice, you should request their medical records as soon as you can. If you put off the request long enough, there is a greater likelihood that the records are lost, altered, or destroyed. Furthermore, waiting too long could jeopardize your ability to build a solid case and receive an appropriate amount of compensation.

A physician or medical professional could make a variety of errors during labor and birth. Certain of these errors can result in serious injuries like an absence of oxygen during birth (hypoxia). If the medical professional fails to follow the correct procedures during these critical moments and this causes injury, it could be considered medical malpractice.

In the majority of cases, victims have three years to file a medical negligence lawsuit starting from the date of the negligent act or error. New York law has a special rule that extends the deadline to ten years for claims that involve children.

Since minors aren't able to sue on their own and cannot sue on their own, a parent or legal guardian will usually have to bring the claim on their behalf. This makes it crucial to retain an experienced New York birth injury lawyer who is knowledgeable of these types of cases and is able to fight the high-pressure tactics that are commonly employed by insurance companies in these kinds of disputes.

Filing an action

A medical professional's actions during the birth process can leave children with life-altering health conditions that require ongoing care. These injuries may require a lifetime of treatment that has significant financial cost. A legal claim could help families pay for the necessary treatments and other expenses.

A birth injury case starts with showing that the medical professional who was involved in the incident had a duty to the plaintiff. The law states that a medical professional must perform their duties with the care and skill normally offered by experts in their field in similar circumstances. A medical expert must determine whether the doctor has fulfilled this standard. The expert will testify to the circumstances that led to the injury and whether it was caused by negligence on the part of the medical professional.

If a medical error was to blame, a claimant must demonstrate that the medical professional violated this duty by failing comply with the standard of medical care. This includes proving that a medical professional acted negligently or was negligent in their decision-making process. It is not unusual for a doctor to vehemently dismiss accusations of malpractice.

The jury will determine the appropriate amount of damages for the case after an investigation. This could include a broad range of damages including past and future medical bills as well as therapy, medications, and other equipment. In New York, an injured victim may enroll in the Medical Indemnity Fund if a court has approved a settlement or a lawsuit judgment.