Our Birth Injury Legal Team Helps Families File Claims
The birth of a child is a joyous event. But if a medical professional's mistake causes an injury to the birth, it can alter families' lives forever.
A legal team can help families in securing compensation for the cost of treatment and other damages. They will start by investigating the claim and reviewing the evidence.
Medical Records
Medical records are an essential element of any birth injury lawsuit because they give a detailed description of the child's health background. The documents should contain details about prenatal care, delivery and labor, as well post-delivery. They can establish the standard of medical care, which is essential to prove medical malpractice. Examining the results of physical and diagnostic tests can also uncover missed opportunities to intervene or identify complications that could have improved outcomes.
When lawyers file a claim, it's important for them to have access to all the medical records required and evidence to back up the allegations. This is because medical malpractice claims are based on four key elements: duty, breach of duty, causation and damages. To establish these elements, a legal team will need examine the relevant medical records, which include fetal monitoring recordings imaging studies, hospital discharge documents.
Once all the relevant information has been obtained after which a legal team will file an official complaint with the court, detailing the alleged negligence that caused the birth injury and the harm it caused. This process officially begins the legal process and starts the process of obtaining additional evidence and expert opinions.
It is essential for the legal team to have access to the medical documents of all parties involved in a birth injury case. Doulas are included, along with midwives, doctors, nurses and obstetricians, as well as hospitals. This includes any family members who may have been affected by the incident. This information is used to determine who should be liable for medical negligence or wrongful death.
It is difficult to fully understand the specifics of the birth injury of a child without examining the medical documents. However, a knowledgeable attorney can get a sense of the events and the causes of the injuries. Legal teams can also use these documents to highlight any potential errors that were made during the birthing process.
Legal teams negotiate settlements throughout the case to secure an appropriate financial settlement. The long-term costs associated with an injury to the birth are usually very high. They will take into account the anticipated cost of medical treatment, ongoing care and other damages relevant to the case.
Expert Opinions
Medical professionals who offer birth and delivery services usually have decades of experience. They are trained to keep the highest standards of care and are expected to be able and competent to prevent birth injuries as well as the dangerous conditions which can cause them. If they fail to follow this and a child suffers an injury, their negligence could be deemed to be negligence. A legal action for medical malpractice can assist a family in recovering the compensation needed to pay for expenses related to the injury and its long-term consequences.
The first step in a medical malpractice lawsuit is to consult with a seasoned birth injury attorney who will analyze the case and determine if there is enough evidence to support an action against a doctor or hospital. The law firm will also gather evidence and take other measures to prepare the case. This includes the solicitation of expert witnesses and examining medical documents.
A medical malpractice attorney may also negotiate with the insurance company on the client's behalf. If the insurance company refuses to settle, a lawsuit may be filed. The statute of limitations for a medical malpractice lawsuit in New York is two-and-a-half years and it is therefore crucial to speak with an attorney as soon as you can when a child suffers an injury during birth.
Medical errors that cause injuries could be life-threatening. Legal action may not be able to repair the damage, but it will aid families in obtaining the resources they need to ensure their children's future. It may also encourage medical professionals to improve their safety training.
Medical malpractice claims can be complex and require an experienced legal team who understands the complexities of these cases. The right lawyer should have a track record of success in medical malpractice cases, and be comfortable communicating with families to ensure trust and confidence can be established.
A legal professional can help families seek maximum compensation for damages such as medical expenses as well as special education expenses and ongoing therapy costs along with pain and suffering and loss of quality of life. The team will review the claim, gather evidence and documents, and consult with experts to create a strong case for an equitable settlement or a favorable verdict at trial.
Witness Testimony
If a medical error results in injury to your child, you may engage in a lawsuit to hold the accountable those responsible. A successful claim can result in an amount of money to pay for the costs of medical treatment, therapies equipment, home accommodations for a child who has been injured. To win a birth-related injury claim, you must to show that the actions of your healthcare provider were not in line with the accepted standards of care and that the actions directly led to the injuries suffered by your child. This is usually accomplished through expert testimony.
A law firm that has a track record of successfully resolving cases of birth injuries can put together a team with knowledge and respectable experts to help you make your case. Expert witnesses can provide insight into the medical practices and protocols, assisting jurors and judges understand the evidence that is presented in a legal trial. newborn injury lawyer will be able select and evaluate the most qualified experts to help strengthen your case. They should have the qualifications, reputation and the specialized knowledge required to back up your claim.
To prove medical malpractice, you have to establish a number of elements. These include the relationship between a doctor and patient as well as adherence to a standard of care and violation of that standard, causation and damages. Your lawyer will make use of medical records, expert opinions hospital policies and procedures, eyewitness accounts, insurance information, employment and disciplinary records, and other documentation to establish these elements.
Your attorney can also enlist experts such as psychologists speech and language pathologists and social workers to show the effects of your child's injuries on his or her long-term requirements. Your attorney can also seek advice from a life-care planer, a physician who is skilled in explaining to jurors or judge what long-term care will be required for your child as a result of the birth injury.
Although money won't repair the harm caused by a serious injury suffered at birth, it can help you and your family to pay for medical treatments, therapies and equipment that your child will require to live an active and fulfilling life. A birth injury legal team that has a track record of success in these kinds of claims could help you get the amount of compensation you deserve.
Settlements
Families are often overwhelmed by the costs of long-term care if a child is born with severe birth injuries. For instance, the lifetime cost of caring for a person with cerebral palsy can be 10 times higher than the cost of someone without it. Our team assists families to file legal claims which can pay for these costs and improve the quality of their life.
A successful claim may provide parents and children with financial compensation for future and past expenses for therapy, medical costs accommodation at home, equipment, and any other damages. Although no amount will be able to repair the damage caused by a serious birth injury, a settlement may bring peace of mind and help alleviate family financial stress.
Our lawyers scrutinize medical reports and obtain expert opinions. If they have enough evidence to prove that a nurse, doctor or hospital did not conform to accepted standards of professional care, they will file a lawsuit. This is known as a malpractice claim.
Your lawyer will manage all communications with insurance companies and other parties involved. This will free your time to focus on your child's healing and on other important aspects of your family's life.
Your attorney will then discuss with the defendants' insurance companies to try to get an equitable settlement for your family. Some cases can be settled through mediation, while others need to go to court. In either situation your lawyer will staunchly represent your family's best interests until you receive a fair monetary award.
We work with families across the country. Contact a birth injury lawyer as soon as you suspect that the birth injuries of your child were caused by malpractice. Every state has laws, referred to as statutes of limitations that set a deadline for the time you need to make a claim. You may lose your claim forever if you do not meet the deadline. We have offices across the nation and we are aware of how the laws in each state affect medical malpractice claims.