Birth Injury Lawsuits
Birth defects that are caused by medical malpractice can leave children with permanent disabilities that require constant medical attention. A birth injury lawsuit can help parents pay for these costs.
However, pursuing this type of claim requires careful consideration of many factors. A lawyer can look over the case and determine if you have a valid complaint.
Damages
A victim can seek compensation in the event that a medical error causes an injury. A successful birth injury lawsuit may be able to cover the cost of future medical treatment, income loss and more. The amount of damages awarded will be based on the type and extent of the injury.
A successful legal claim depends on proving four essential elements: (1) that the medical professional failed to act in accordance with the accepted standards of the medical community for those with similar qualifications and experience; (2) that this error caused injuries to the patient; (3) that the injuries were serious and (4) that there evidence of damages. Your lawyer can look over medical records and consult with experts to determine whether your case meets these requirements.
In addition to medical bills an individual can also receive non-economic damages, such as pain and suffering. It can be difficult to estimate the value of this type of loss, but an attorney can examine similar cases to determine a reasonable amount.
The defendants in a
birth injury attorneys injury case are typically hospitals, the doctor who is responsible for the injury as well as any nurses involved in the delivery. In certain states, midwives can also be defendants. In New York however, these experts are only permitted to assist with normal pregnancies and to transfer pregnancies with high risk to a qualified obstetrician. In these instances, the midwife's actions may be considered malpractice when they are deemed negligent or irresponsible.
Statute of Limitations
The statute of limitation is a legal term referring to the time frame within which you may file suit. This limitation ensures that cases are fought quickly while witnesses' reports are still fresh.
In the case of birth injury claims, the statute of limitations differs from state-to-state. This is because every state has different laws and regulations for medical malpractice claims. The general rule is to submit a medical malpractice claim within two to three years from the negligent act.
To establish negligence, it's important to prove that the medical professional owed a duty towards you. Then, you have to prove that the healthcare provider violated this obligation by failing to provide the standards of care required. This standard is usually set by the medical professional's own traditions and standards.
Your lawyer will collaborate with experts to determine if the medical professional has met the standards of care and if so, how. Experts will examine the medical records and depositions taken by the doctors involved in your case and offer their opinion.
Your attorney will work 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 causes injury to a child in a lawsuit, the victims could seek compensation. The amount of the payout will depend on the severity of the injury and the cost resulting from it. This could include life-long medical expenses, loss of income due the inability of working, and pain and suffering.
In order to win their case the plaintiffs have to prove that the defendant's doctor or medical team did not follow a certain standard of care. This typically requires expert witnesses with the necessary education and expertise to provide professional opinions. The defendants may also call experts of their own to challenge the allegations of the plaintiffs.
A medical expert witness is a specialist with skills and knowledge in their field. They can provide an opinion on a case and present it in clear, easy-to-understand language to others in legal procedures. In instances of medical malpractice in court, expert witnesses are usually employed to give evidence.
In a birth injury case medical experts are called upon to testify on the proper standards of care during pregnancy, labor and delivery, and postpartum care. They can also testify about the way in which the defendant's actions, or inaction caused the injuries to the victim. They can also discuss what alternative course of action would have prevented the injuries and help the jury determine whether they are responsible.
Filing an action
In most cases, medical malpractice claims, including birth injury lawsuits, are settled through settlements. Hospitals and doctors often worry about negative publicity and public relations if they're found be negligent. However, it's important to speak with an experienced lawyer before taking any settlement offer for your child's birth injury. Many lawyers will offer a free consultation and case review to determine if your child has a valid claim. If they decide to take your case, they will collect 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 care, as well as identify any missed diagnoses.
Your lawyer will then determine potential defendants in your birth injury lawsuit. This could include doctors nurses, the hospital where the
birth injury occurred. They will then gather additional evidence to support your claims. This could include physical and psychological evidence, as well expert witness testimony.
Your attorney could try to negotiate a settlement prior filing an official lawsuit. This is accomplished by sending the defendant a demand letter that describes the injuries your child has suffered as well as the costs associated with the injuries. The demand letter doesn't guarantee a payout but it can give you and your lawyer an idea of how much the defendant is willing to pay.