Birth Injury Lawsuits
Medical mistakes made during childbirth can cause children to suffer permanent injuries requiring life-long care. The financial compensation provided by a birth injury lawsuit can assist parents in paying for these costs.
To pursue this type of claim, you must consider several factors. A lawyer can evaluate your case and determine whether you have a valid claim.
Damages
When a medical error leads to an injury, the victim may be able to seek compensation. A successful birth injury lawsuit can provide for the cost of future care as well as loss of income and more. The amount of damages awarded will depend on the type and extent of the injury.
A successful legal claim is based on the proof of four elements: (1) that the medical professional failed to act according to the accepted practices of the medical community for doctors with similar training and experience; (2) that this negligence caused injury to the patient; (3) that the injuries were serious; and (4) that there was evidence of damages. Your lawyer will review your medical records and consult experts to determine whether your case is in compliance with the requirements.
In addition to medical expenses, a victim may also receive non-economic damages such as pain and discomfort. It is often difficult to estimate the value for this type of injury but an attorney could compare similar cases to determine a reasonable amount.
The defendants in a birth injury case are usually hospitals, the doctor who is responsible for the injury, and any nurses involved in the birth. In certain states, midwives may also be sued. 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 instances the actions of the midwife could be considered to be a violation of the law if they were deemed negligent or irresponsible.
Statute of limitations
The statute of limitations is a legal term referring to the timeframe in which you are able to file suit. This limit ensures that lawsuits are filed in a timely manner, while witnesses’ accounts and evidence are still fresh.
In the case of birth injury attorneys injury claims the statute of limitations is different from state to state. This is due to the fact that every state has its own laws and standards regarding medical malpractice claims. However, the general rule is that you have two to three years from the date when the malpractice occurred to submit an claim.
In general, in order to show negligence, you need to prove that the medical professional was bound by the duty of care. Then, you must show that the healthcare professional breached this duty by failing to meet the appropriate standard of care. This standard is set by the medical community.
Your lawyer will work closely with experts to determine if the medical professional has met the standard of care and if so then how. The experts will review medical records and depositions of the doctors involved in your lawsuit and provide their opinion.
Your lawyer will collaborate with financial experts to calculate your damages. The amount of damages is usually dependent on the future needs of your child and can include non-economic and economic damages.
Expert Witnesses
If a medical mistake causes an injury to a child, the victims can seek compensation for their damages in a lawsuit. The amount of compensation will depend on the severity of the injury and the resulting costs. These could include medical costs for the duration of your life, lost earnings due to the inability to work and pain and discomfort.
For the plaintiffs to prevail in their claim, they must demonstrate that the medical team and the doctor who was defending deviated from an appropriate standard of care. Generally it is necessary to have experts with the right experience and Injury training to give professional opinions. However, defendants are able to provide their own expert witnesses in order to disprove the plaintiff’s assertions.
A medical expert witness has special skills and expertise in their field. They can provide an opinion on the case and explain it in clear, injury easy-to-understand language to others in legal proceedings. In instances of medical malpractice in court, expert witnesses are usually hired to provide evidence.
In a birth injury case medical experts could be required to testify about the proper standards of care during labor, pregnancy and delivery, and postpartum care. Experts can also explain what actions and inactions caused the victim’s injury. They can also explain how a different method of treatment that would have avoided injuries and help the juror determine the extent of liability.
Filing a Lawsuit
In the majority of cases, medical malpractice lawsuits that include birth injury attorney injury lawsuits, are settled through settlements. Doctors and hospitals often worry about negative publicity and public relations when they’re found to be negligent. It is important to speak with a reputable lawyer prior to accepting any settlement offer in relation to your child’s birth injury. Many lawyers offer a no-cost consultation to determine if your child is entitled to a claim. If they decide to accept your case, they will get the required medical records and employ medical experts to review them. These experts will be able to determine what would have happened in the context of a standard of care and also identify any missed diagnosis.
Your attorney will then identify potential defendants for your birth injury lawsuit. This could include doctors nurses, the hospital where the birth injury occurred. They will then collect additional evidence to support your claim. This could include physical and psychological evidence as well as expert testimony.
Your attorney could try to negotiate a deal prior to filing a formal lawsuit. This usually involves sending an order letter to the defendant that describes your child’s injuries and the costs associated with them. The demand letter is not a way to guarantee a payment, but it will give you and your lawyer an idea of the defendant will be willing to pay.