Birth Injury Lawsuits
Birth injuries caused by medical errors can cause children to suffer permanent injuries that require care for the rest of their lives. Financial compensation through a birth injury lawsuit could aid parents in paying these costs.
If you want to pursue this type of claim, you must consider several factors. A lawyer will review the case and determine whether you have a valid complaint.
Damages
When a medical mistake leads to an injury, the victim may pursue compensation. A successful
birth injury attorney injury lawsuit may provide for the cost of future care, loss of income and more. The amount of damages awarded will be contingent on the nature and extent of the injury.
A successful legal claim depends on proving four elements: (1) that the medical professional was not acting according to the accepted practices of the medical profession for professionals with similar qualifications and experience; (2) that this error caused injuries to the patient; (3) that the injuries were severe; and (4) that there evidence of damages. Your lawyer can review medical records and consult with experts to determine whether your case is in line with these requirements.
In addition to medical costs the victim may also be able to claim other damages that are not economic, such as pain and suffering. It can be difficult to estimate the cost for this type of injury however an attorney can examine similar cases to determine a fair amount.
The defendants in a case involving a birth injury are typically hospitals, the doctor responsible for the injury and any nurses involved in the birth. In some states, midwives can also be defendants. In New York however, these professionals are only allowed to assist with normal pregnancies and to transfer pregnancies with high risk to an obstetrician with a certification. In these cases the midwife's actions could be considered as malpractice if they were deemed irresponsible or negligent.
Statute of Limitations
The statute of limitations is a legal term which refers to the time frame within which you may make a claim. This limit ensures that lawsuits are filed in a timely manner, while the evidence and witness accounts are still fresh.
The time limit for birth injury claims differs from state to state. This is due to the fact that each state has different laws and regulations for medical malpractice claims. The general standard is that you have two to three years from the date the negligent act took place to make the claim.
To establish negligence, it's necessary to show that the medical professional was bound by obligations towards you. You then have to demonstrate that the healthcare provider violated this duty when they failed to meet the proper standard. This standard is set by the medical professional community.
Your attorney will work closely with experts to determine if the medical provider has met the standards of care and if so what was the procedure. Experts will review medical records and depositions of the doctors involved in your case, and give their opinion.
Your lawyer will work with financial experts to determine your damages. The damages are typically determined by your child's future needs and could encompass both economic and non-economic damages.
Expert Witnesses
In the event that an error in medical treatment results in injuries to a child as part of a lawsuit, the child's parents could seek compensation. The amount of compensation will depend on the severity of the injury and the cost resulting from it. This could include life-long medical expenses, loss of income as a result of the inability of working, and pain and suffering.
In order to win their case the plaintiffs need to prove that the defendant's doctor or medical team failed to follow a certain standard of care. This typically requires expert witnesses who have the necessary training and knowledge to offer professional opinions. The defendants can also bring their own expert witnesses in order to refute the claims of the plaintiffs.
A medical expert witness has special skills and knowledge in their field. They can give an opinion on a particular case and explain it in a clear and easily understood language to others during legal processes. In cases of medical malpractice in the courtroom, expert witnesses are usually hired to give evidence.
In the case of a birth injury medical experts may be called upon to testify on the appropriate standards of care during labor, pregnancy and delivery, and postpartum care. Experts can also explain the ways in which the defendant's actions or inaction caused the injuries to the victim. They can also provide an explanation of how a different course of actions could have prevented injuries and help the jury determine the liability.
Filing an action
Settlements are the most common method of settling medical malpractice claims. This includes birth injury lawsuits. Hospitals and doctors often worry about public relations if they are found to be liable for negligence. It is crucial to talk with an experienced attorney before accepting any settlement regarding your child's birth injuries (
Highly recommended Reading). A majority of lawyers will offer a free consultation and case review to determine if your child is entitled to a claim. If they take your case, they will gather the necessary medical records and hire medical experts to examine them. These experts will help determine what was expected to have happened under a certain standard of treatment, and determine any missed diagnoses.
Your attorney will then identify 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 gather additional evidence to support you claim. This can include physical and psychological evidence in addition to expert testimony.
Your lawyer may attempt to negotiate a settlement with the defendant prior to filing a formal suit. This can be done by delivering the defendant a demand note which outlines the injuries your child sustained and the costs that go along with the injuries. While the demand letter doesn't guarantee a payout but it can provide your lawyer a good idea of what the defendant might be willing to pay.