Birth Injury Lawsuits

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

However, pursuing this kind of claim requires careful consideration of several aspects. A lawyer can evaluate your case and determine whether you have a valid claim.

Damages

A victim can seek compensation in the event that a medical error results in an injury. A successful birth injury lawsuit could cover future care costs, lost income and other expenses. The amount of damages awarded varies on the severity and nature of the injury.

A successful legal case requires four elements to be proven: (1) that a medical professional did not follow the accepted standards for professionals with similar experience and training, (2) that this negligence resulted in injuries to the patient, (3) that the injuries were serious and (4) there was evidence of damage. Your lawyer will review medical documents and consult with experts to determine whether your case is in line with these criteria.

In addition to medical expenses, a victim might also suffer non-economic damages like pain and discomfort. It can be difficult to quantify the cost of this type of loss however, an attorney can compare similar cases to determine a reasonable amount.

The defendants in a birth injury case are typically hospitals, the doctor who is responsible for the injury, and any nurses involved in the birth. In certain states, midwives are also able to be sued. In New York, however, they are expected to help with normal pregnancies, and to transfer high-risk pregnancies to a trained obstetrician. In these cases the actions of the midwife may be considered to be a violation of the law when they were judged to be negligent or irresponsible.

Statute of limitations

The statute of limitations is a legal term that refers to the period within which you may start a lawsuit. This limit helps ensure that cases are dealt with in a timely fashion while physical evidence and witness accounts are still fresh.

The time limit for birth injury claims differs between states. This is because each state has its own laws and standards regarding medical malpractice claims. The general rule is to submit a medical malpractice claim within two to three years of the negligent act.

To prove negligence, it is necessary to show that the medical professional was bound by obligations towards you. You must then demonstrate that the healthcare provider violated this duty in failing to adhere to the appropriate standards. This standard is usually determined by the medical community's personal customs and practices.

Your attorney will work closely with experts to determine whether the medical professional has met the standard of care and if so what steps to take. Experts will examine medical records and depositions taken by the doctors involved in your case and give their opinions.

Your lawyer will collaborate with financial experts to determine your damages. These damages are typically dependent on the future needs and could include both economic and non-economic damages.

Expert Witnesses

If an error in medicine results in injuries to a child as part of a lawsuit, the victims could seek compensation. The amount of the payout will depend on the extent of the injury and the subsequent costs. This could include medical expenses for the remainder of your life, lost income due to inability to work, and discomfort and pain.

In order to win their case the plaintiffs need to prove that the defendant's doctor or medical team failed to adhere to a standard of care. This usually requires expert witnesses with the required training and experience to offer professional opinions. However, defendants are able to present their own expert witnesses to rebut the plaintiff's claims.

A medical expert witness is someone who has specialized expertise and knowledge in their area of expertise. They can provide an opinion on the case and present it in clear, easy-to-understand language to others in legal procedures. In court cases involving medical malpractice experts are typically appointed to provide evidence.

In a case involving birth injuries, medical professionals may be required to testify about the guidelines that must be adhered to during pregnancy, delivery, and postpartum care. They can also testify about the manner in which the defendant's actions and inaction caused the injuries to the victim. They can also discuss what alternative course of action could have avoided the injuries and assist the jury determine liability.

Filing a Lawsuit

In the majority of instances, medical malpractice claims, including birth injury lawsuits, are settled through settlements. This is due to the fact that hospitals and doctors are usually concerned about negative publicity and public relations should they be found to be responsible for negligence. However, it's important to speak with an experienced lawyer prior to accepting any settlement offer in relation to your child's birth injury. A majority of lawyers will offer a free consultation and case review to determine whether your child is entitled to a claim. If they decide to take your case, they will gather the necessary medical records, and then hire medical experts to examine them. They will be able to determine what is required under a certain standard of medical care, and also determine any omitted diagnoses.

Your attorney will be able to identify potential defendants in 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 gather additional evidence to support your claim. This can include physical and psychological evidence, as well as expert testimony.

Your lawyer may attempt to reach a settlement with the defendant prior to filing a formal lawsuit. This can be done by sending the defendant a demand letter which outlines the injuries your child has suffered as well as the costs associated with them. Although the demand letter does not guarantee a settlement however, it could give your lawyer a good idea of what the defendant may be willing to settle for.