Birth Injury Lawsuits Birth defects that are caused by medical malpractice may leave children with permanent disabilities that require constant treatment. Financial compensation through a birth injury lawsuit can assist parents in paying for these expenses. However, pursuing this kind of claim requires careful consideration of a number of aspects. A lawyer can review your case and determine whether you have a valid claim. Damages When a medical error leads to injury, the victim could demand compensation. A successful birth injury lawsuit can cover the cost of future medical treatment, loss of income and more. The amount of damages awarded will be contingent on the nature and severity of the injury. A successful legal claim depends on proving four elements: (1) that the medical professional did not act in accordance with the accepted standards of the medical community for doctors with similar qualifications and experience; (2) that this negligence resulted in 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 establish whether your case meets these requirements. In addition to medical bills victims can also be awarded non-economic damages like pain and suffering. It can be difficult to estimate the cost of these damages, but an experienced lawyer can assess similar cases and determine the amount that is reasonable. The defendants in a birth injury lawsuit are usually hospitals, the doctor responsible for the injury, and any nurses involved in the delivery. In some states, midwives may also be sued. In New York, however, midwives are meant to assist in normal pregnancy and refer high-risk pregnancies to a trained obstetrician. In these kinds of situations the actions of a midwife could be considered to be malpractice when they are considered negligent or careless. Statute of Limitations The statute of limitation is a legal term that refers to the timeframe in which you can file a suit. This restriction ensures that lawsuits are handled quickly, while witnesses' and physical evidence reports are still fresh. The time period for birth injury claims varies from one state to the next. This is due to the fact that every state has different laws and regulations for medical malpractice claims. However, the general rule is that you are allowed two to three years from the date when the malpractice occurred to submit an claim. In general, in order to demonstrate negligence, you must prove that the medical professional owed you a duty. Then, you have to prove that the healthcare professional violated this obligation by not achieving the appropriate standard of care. This standard is typically set by the medical profession's own norms and procedures. Your attorney will work with experts to determine the standard of care you received in your case and whether the doctor was able to meet this obligation. These experts will review the medical records and depositions taken by the doctors involved in your case, and give their opinion. Your lawyer will collaborate with financial experts to calculate your damages. The amount of damages is usually based on your child's future needs and could include both economic and non-economic damages. Expert Witnesses In the event that an error in medical treatment results in injuries to a child that are the subject of a lawsuit, those who suffered may be entitled to compensation. The amount of compensation awarded will depend on the degree and cost of the injury. These could include medical costs for the rest of your life, loss of income due to inability to work, and discomfort and pain. To win their case, the plaintiffs must show that the defendant's medical team did not adhere to a standard of care. This typically requires expert witnesses who have the necessary education and expertise to provide professional opinions. However, defendants may also provide their own expert witnesses to counter the plaintiff's assertions. A medical expert witness is a person who has specific expertise and knowledge in their field. They can give an opinion about a situation during legal procedures and explain it to other witnesses in simple, clear terms. Expert witnesses are usually employed to give evidence in court cases involving medical negligence. In a birth injury case, medical experts can be called upon to testify on the appropriate standards of care during labor, pregnancy and delivery, as well as postpartum care. These professionals can also discuss how the defendant's actions or inaction caused the victim's injuries. They can also discuss how a different course of action would have prevented the injuries and help the jury determine liability. Filing a Lawsuit In the majority of instances, medical malpractice claims such as birth injury lawsuits, are settled through settlements. This is because hospitals and doctors are usually concerned about negative publicity and public relations should they be found to be responsible for negligence. However, it's important to speak with an experienced lawyer prior to accepting any settlement offer regarding your child's birth injury. Many lawyers offer a no-cost consultation to determine if your child has a valid claim. If they decide to accept your case they'll get the medical records you require and employ medical experts to review the records. These experts can help determine what should have occurred under a medical standard and can identify any missed diagnoses. Your attorney will then help you identify potential defendants in 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 collect additional evidence to support your claims. This could include physical or psychological evidence in addition to expert testimony. Your lawyer could attempt to bargain a settlement with the defendant prior to filing a formal suit. This is done by sending the defendant a demand letter that describes the injuries your child has suffered and the expenses associated with the injuries. The demand letter does not guarantee a payment, but it can give you and the lawyer an idea of much the defendant is willing to pay.