Birth Injury Lawsuits
Medical mistakes made during childbirth can cause children to suffer permanent injuries requiring life-long care. A
birth injury lawsuit could help parents pay for these costs.
However, pursuing this type of claim requires careful consideration of several factors. A lawyer can review your case and determine whether you have a valid claim.
Damages
When a medical mistake leads to an injury, the victim can be able to seek compensation. A successful birth injury lawsuit can be able to cover the cost of future medical treatment, loss of income and more. The amount of damages awarded will depend 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 training and experience, (2) that this negligence caused 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 establish whether your case is in line with the requirements.
In addition to medical expenses, a victim might be able to claim non-economic damages, such as pain and discomfort. It can be difficult to estimate the amount of such damages, but an experienced attorney can analyze similar cases and determine a reasonable amount.
The defendants in a birth injury case are typically hospitals, the doctor who is responsible for the injury as well as any nurses involved in the birth. In certain states, midwives can be sued. In New York, however, they are required to assist with normal pregnancies and to refer high-risk ones to a certified obstetrician. In these situations, the midwife's actions may be considered as malpractice 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 period in which you can file a suit. This limitation ensures that cases are resolved quickly, even if evidence in the form of physical evidence and witnesses' reports are still fresh.
When it comes to birth injury claims the statute of limitation varies from state to state. This is because each state has different laws and standards for medical malpractice claims. The general rule is to file a medical malpractice claim within two to three years from the negligent act.
To show negligence, it's necessary to show that the medical professional had obligations towards you. You then have to prove that the healthcare provider breached their duty by failing to adhere to the appropriate standards. This standard is set by the medical professional community.
Your lawyer will work with experts to determine the standard of care in your case and whether the medical provider fulfilled this obligation. Experts will review medical documents and depositions from the doctors involved in your case and provide their opinion.
Your attorney will also collaborate with financial experts to determine your damages. The damages are typically dependent on your child's future needs and could encompass both economic and non-economic damages.
Expert Witnesses
If a medical error leads to injuries to children, the victims can claim compensation for their losses in a lawsuit. The amount of compensation will depend on the severity and the cost of the injury. This could include life-long medical expenses as well as loss of income due the inability to work, and pain and suffering.
To prevail, the plaintiffs must prove that the defendant's doctor or medical team failed to adhere to a standard of care. This usually requires expert witnesses with the training and expertise to provide professional opinions. The defendants can also bring their own expert witnesses to challenge the claims of the plaintiffs.
A medical expert witness has specialized abilities and expertise in their field. They can offer an opinion on the case and explain it in a clear, easily understood language to others during legal processes. In legal cases involving medical malpractice, expert witnesses are usually appointed to testify.
In a case involving birth injuries, medical experts may be required to testify on the guidelines to be observed during pregnancy,
birth injury law firms, and after-birth care. These experts can also talk about the ways in which the defendant's actions or inactions caused the victim's injuries. They can explain the ways in which a different course action could have avoided the injuries and help the jury determine the liability.
Filing an action
In most instances, medical malpractice claims such as
birth injury lawsuits, are resolved through settlements. Hospitals and doctors often worry about negative publicity and public relations if they're found be negligent. However, it's crucial to consult with a knowledgeable lawyer prior to accepting any settlement offer for your child's birth injury. Many lawyers offer a no-cost consultation to determine if you child is entitled to a claim. If they are able to accept your claim they'll collect the medical records you need and hire medical experts to examine them. They will help you determine what should have occurred in the context of a standard of care and pinpoint any missed diagnoses.
Your lawyer will then determine potential defendants in your birth injury lawsuit. This could include doctors nurses, hospital, and doctor where the birth injury occurred. They will then gather additional evidence to back up your claims. This could include physical and psychological evidence, as well expert witness testimony.
Your attorney may attempt to negotiate a settlement before filing an official lawsuit. This is done by sending the defendant a demand note that describes the injuries your child suffered and the costs associated with them. While the demand letter can't guarantee a payment however, it could give your lawyer a rough idea of what the defendant might be willing to settle for.