Obtaining financial compensation may ease a family’s burden by helping pay for therapies, equipment, home accommodations and other expenses. Although legal action cannot undo medical negligence, it can motivate providers to improve safety training and reduce the number of preventable errors.
Birth Injury Attorney evaluates evidence to determine whether a claim has merit. This includes reviewing medical records and obtaining professional opinions.
When a medical professional commits negligence during the labor and delivery of your child, that negligent act can lead to lifelong consequences for your family. To build a strong case, you and your lawyer will need to gather evidence like medical records and financial documents that show the types and amounts of damages your family has suffered.
For most birth injury cases, a medical expert will be needed to review the evidence and provide an opinion. The expert will need to have knowledge about the type of birth injury your child suffered, the cause of the injury, and how your child’s injuries affect him or her. The expert will also need to know how to calculate reasonable damages for past and future losses.
Some of the most important evidence in a birth injury lawsuit is medical records from the mother and baby. These medical records can provide insight into the events leading up to and during the delivery, including whether the doctor used excessive force during a vaginal birth, did not perform a cesarean section when necessary, or gave the wrong medication to the mother or infant. The records can also help determine what the injuries are, what effects they have had on your child, and how much care is necessary to meet his or her needs.
The records may also include the medical history of the medical professional involved in your child’s birth, including any previous complaints and discipline against the medical professional. This can help your attorney build a stronger case by demonstrating that the doctor has a history of negligence and that your child’s injuries are directly related to this negligence.
Your birth injury attorney will work with a team of experts to identify the types and amounts of damages your family has incurred as a result of your child’s birth injury. These losses may include current and future medical expenses, lost wages, property damage, emotional distress, and more. In New York, a court will decide what type of compensation is appropriate after reviewing your case and the evidence at trial.
Expert Testimony
A medical error during the delivery of a child can have life-long consequences. A birth injury attorney can help a family recover compensation to cover the costs of care and support for the injured child. This may include past and future medical treatment, lost income from time away from work, pain and suffering, and the cost of special education needs.
A claim for medical malpractice requires a number of different types of evidence, including medical records and expert testimony. A lawyer will investigate and gather the necessary evidence for your case. They will need to establish that you had a physician-patient relationship with the doctor who caused your child’s birth injury and that they breached their duty of care to you during the delivery process.
Proving this often involves establishing that the defendant failed to perform in accordance with generally accepted practices in the medical community for doctors with similar training and experience. This is referred to as the standard of care. Medical experts in the field of obstetrics or other relevant medical specialties can explain how medical professionals are expected to respond in various situations and provide their opinions on whether your doctor’s actions or failure to act fell short of the standard of care.
Your birth injury attorney will also need to establish that the defendant’s breach of duty caused your child’s injuries and that these damages are worthy of compensation. The amount of compensation you receive depends on the severity and extent of your child’s injuries. This can be determined by an expert witness who will evaluate your child’s current and projected future medical needs.
While no amount of money can replace the joys and challenges that come with raising a disabled child, legal damages are meant to help you cover expenses related to your child’s care and support. These may include past and future medical bills, lost income from time away from work, the cost of home healthcare, and the costs associated with any additional education needed for your child to reach their full potential.
Lawsuits require a lot of money to cover attorney fees, court filing fees, and other litigation-related costs. Your lawyer will advance all these costs and will only collect payment once they have won you a financial settlement or verdict.
Settlement Negotiations
Injuries that occur during or shortly after childbirth can be catastrophic for both children and their families. A legal claim for compensation can enable injured children and their parents to pay for top medical treatments and assistive technology that improve their quality of life. Without a lawsuit, families may have to dip into their retirement savings or take out a second mortgage in order to afford necessary care.
A birth injury attorney can help you gather evidence, file your malpractice claim in a timely manner, and negotiate with the defendants or their insurance companies to secure fair settlement compensation for your child and family members. The legal expertise a birth injury lawyer provides during this process is invaluable. They understand the legal intricacies, regulations, and precedents that can affect your case. They also have a network of expert witnesses who can provide valuable opinions during the litigation process.
Once a sufficient amount of evidence is gathered, the defendants can be served with a demand letter that outlines the allegations of medical negligence and what compensation you seek. This is typically followed by a period of discovery where both sides exchange information and witness testimony.
During settlement negotiations, a birth injury attorney will use information from the discovery phase to push for a lump sum payment that covers the full extent of your damages. This includes current and future medical expenses, loss of earning capacity, emotional distress, pain and suffering, and more.
If a fair settlement cannot be reached, your birth injury attorney will prepare to take the case to trial. This is the only way to ensure that you receive the financial compensation you need and deserve for your child’s injuries. Despite the many obstacles in medical malpractice cases, your attorney will work tirelessly to obtain justice on your behalf.
Trial
Your birth injury attorney will gather and review all of the evidence in your case, including medical records from prenatal care, labor and delivery as well as first-hand accounts from witnesses. This information will help your lawyer establish a link between negligence and the birth injury. It can also be used to place a value on your claim.
A birth injury lawsuit can include claims for injuries caused by a variety of issues, from improper use of a vacuum extractor or forceps to the improper diagnosis of shoulder dystocia (also known as brachial plexus injuries). Some of these injuries are temporary, while others can have long-lasting impacts on your child’s life and future prospects.
When your birth injury attorneys have gathered all of the evidence in your case, they can work with the hospital, doctors and other health care providers to try to settle your claim. However, if you cannot come to an agreement with the insurance company, your birth injury lawyer will prepare for trial. Trial is a lengthy and often risky process, but it can also be a powerful tool to expose the truth about medical malpractice and hold the responsible parties accountable for their actions.
In a trial, your birth injury attorney will present all of the evidence in your case, including expert witness testimony from professionals who have experience with your child’s condition. They will also examine the medical records and depose any doctors or other medical staff involved in your child’s delivery to get statements under oath about what happened. These statements can be used at trial to bolster your claim and convince a jury of the severity of your child’s injuries.
Winning a trial is expensive, stressful and often risky. That’s why many medical malpractice cases, especially those involving birth injuries, are settled rather than taken to court. Your lawyer will carefully evaluate whether a settlement offer is fair and work to maximize the compensation you receive. While no amount of money can reverse the harms that result from doctor negligence or put your child back to where they were before their injuries, it can help pay for medical bills, therapy, medications and on-going support.