A birth injury can change the course of your family’s life. Injuries can cause long-term medical bills and other expenses.
Birth Injury Attorneys can handle communications with insurers and other parties on your behalf. They can also help you file a lawsuit to recover fair compensation for your losses.
A medical malpractice claim is a legal action that alleges that a health care provider failed to provide adequate medical care. In birth injury cases, this could include errors during labor and delivery that result in a child suffering from life-changing disabilities.
Lawyers who specialize in birth injuries can help parents file a medical malpractice lawsuit and recover damages that compensate them for their losses. The process starts with a free consultation and case review. During this time, an attorney will assess whether the client has a valid claim and what evidence can be used to make a strong case for negligence. They will either review medical records themselves or hire medical experts to do so.
The evidence that supports a birth injury lawsuit typically includes medical records, expert testimony, and photographs or videos that show the injuries and their effects. In addition, the evidence might also include witness statements and other documents. In most cases, the lawsuit names multiple defendants, including doctors and hospitals. Those named might have professional liability insurance to cover the damages that are awarded in a successful lawsuit.
Ultimately, the most important part of a medical malpractice case is proving that a medical professional failed to meet an appropriate standard of care in the situation. This requires a careful analysis of all the evidence. Medical specialists are held to higher standards than general practitioners because they have more training and specialized knowledge.
If you suspect medical malpractice, it’s essential to contact a birth injury attorney as soon as possible. This will allow them to request medical records and other evidence on your behalf before it is too late. Medical providers may charge a small fee for copies of records, but they cannot deny your right to access them. Waiting too long can increase the likelihood that the records will be lost or altered.
Birth Injuries
Various types of birth injuries can impact a child’s long-term quality of life. These conditions may require ongoing medical treatments, medication, rehabilitation, therapies, specialized equipment and in-home nursing care. A successful claim can provide your family with financial compensation to cover these expenses and your child’s future care needs.
Whether a child suffers from a mild to severe condition, the results of a birth injury can be devastating for families. Taking legal action against a doctor or hospital for their negligence cannot undo the damage, but it can help cover your child’s costs and hold medical personnel accountable.
A successful malpractice lawsuit requires proving that your healthcare provider violated their legal duty of care and this breach caused injuries to you and your child. Your attorney will use the services of medical experts to review your case and determine if a health care professional’s departure from the accepted standard of care resulted in your child’s birth injury.
When you win a case, your birth injury attorney can recover damages for past and future medical expenses, loss of income and benefits, emotional distress and other noneconomic losses. In extreme cases, juries or judges can award punitive damages to punish defendants for their egregious careless disregard of the law.
Choosing a birth injury attorney that has a network of experts can ensure your case is properly built and filed, meeting all procedural requirements. Your lawyer can handle communications with insurance companies and defense attorneys, allowing you to focus on your child’s medical care and recovery. Medical malpractice insurers often have high-powered lawyers that can make it difficult to achieve a fair settlement. A Syracuse medical malpractice firm that is well-respected for its success in handling birth injuries can negotiate favorable settlements and pursue verdicts at trial, if necessary.
Medical Bills
It’s not uncommon for medical mistakes to leave families with large medical bills. These expenses can be extremely stressful and add to the stress of already being a new parent. A birth injury attorney can help you recover compensation that covers the costs of these bills.
A birth injury lawyer is a specialist in medical malpractice claims involving the birth of a child. They know how to spot the signs of a birth injury and can work with a team of medical experts to review the case and provide an opinion as to whether the doctor or nurse in question violated the standard of care during the delivery process.
The first step in a birth injury case is to get medical records from the hospital or doctors involved. Once these are in hand the lawyer can then hire a medical expert witness who will review the evidence and give a formal opinion as to whether there was medical negligence.
Once this has been done the lawyer can start negotiating with the medical providers and their insurance companies to try and settle the claim. A skilled birth injury attorney knows how to deal with the pressure tactics used by insurers and can negotiate a settlement that accurately reflects the damages you and your family have incurred.
If a settlement cannot be reached the lawyer will file a lawsuit with a court and have the case heard by a judge and jury. They will have the knowledge and experience to present a clear and compelling case of medical negligence that will convince a jury to award you a fair settlement. They will also be able to calculate accurate past and future damages that fully compensate you for the injuries your child has suffered.
Statute of Limitations
When dealing with medical malpractice lawsuits, there are a number of deadlines and statutes of limitations that must be taken into account. These are regulated by state law and dictate the amount of time an injured person has to file a lawsuit. A lawsuit must be filed within these time limits, or the claim will be barred. This can be challenging, especially since some injuries may not be discovered until weeks or even years after the accident.
The first step in a medical malpractice lawsuit is to gather evidence to support the claim. This process is called discovery, where parties exchange information including documents, depositions and witness testimony. Attorneys may also request the opinions of expert witnesses to assist in building the case.
Once a strong case has been built, an attorney will usually submit a demand package to the doctor or hospital’s malpractice carrier to initiate negotiations. The package will contain a description of the injury and its effects along with medical records and supporting documentation. The doctor or hospital will then make a counteroffer. If a compromise cannot be reached, the case will then be filed with the appropriate court.
In cases involving wrongful death, the statute of limitations will usually start on the date of the act, omission or failure that caused the injury. For children who wish to pursue damages, the statute of limitations will generally start on their 18th birthday.
Depending on the severity of a birth injury, parents can recover compensation for many different losses. This includes economic, such as lost wages and medical expenses; non-economic, such as pain and suffering; and in some rare cases, punitive damages designed to punish defendants for extreme carelessness or disregard.
Settlements
Once your attorney has established that you have a medical malpractice claim, they will begin gathering evidence. This can include reviewing medical records directly or hiring expert witnesses to assess the case. It will also involve determining which defendants to name in the lawsuit. This typically includes the doctors, nurses and hospital involved in your child’s delivery.
Once the lawyer has enough evidence, they will file a lawsuit against the defendants. They will then enter a discovery period, during which both sides exchange information and depose witnesses under oath. The discovery process can help build a strong case and lead to a successful settlement.
While a settlement can’t undo the damages caused by negligent medical personnel, it can provide financial compensation to cover ongoing costs and help families through this difficult chapter in their lives. These costs may include future medical expenses, lost wages from missed work, the cost of adaptive equipment, and other non-financial losses, such as pain and suffering.
A birth injury attorney will evaluate the strength of your case to determine a fair settlement amount. They will consider the four elements of a personal injury legal claim, including: causation, negligence, and damages. Having this in-depth understanding of your claim will allow them to negotiate a settlement that reflects the full extent of your family’s losses.