Why It’s Important to Hire a Birth Injury Attorney

Although medical advances make childbirth safer than ever, mistakes during the process can have devastating consequences. When this happens, it’s important to hold at-fault medical staff accountable and seek compensation.

A successful claim can help pay for your child’s future medical expenses and other losses and damages. However, the exact amount you recover will vary from case to case. Contact Birth Injury Attorney now!

A medical malpractice birth injury attorney can help victims and families recover compensation from negligent health care providers. They investigate claims, gather evidence including medical records and witness testimonies, and seek damages for economic and non-economic losses. A lawyer can also advocate for victims and work to improve institutional policies that may contribute to malpractice.

Medical malpractice occurs when a medical professional fails to act in accordance with generally accepted practices in the medical community for professionals with similar training and knowledge. This includes obstetricians who are held to higher standards than general practitioners, as they have more specialized knowledge of childbirth and related conditions. In some cases, a birth injury attorney will require the opinion of a medical expert to establish whether the standard of care was met in a given case.

Once a lawyer has sufficient evidence to support a claim, they write to the doctors or hospitals involved in the case and request a settlement. If they are unresponsive or refuse to settle, the lawyer may file a lawsuit. A lawyer will generally advance lawsuit expenses and only get paid if they win compensation for their client.

A birth injury attorney can build a strong case with the help of the appropriate medical experts. They can then present this evidence to a jury and persuade them that the medical professionals were negligent in treating the patient. The jury may then award the victim damages based on the current and future costs of care.

Bringing a birth injury case to trial can take time and requires substantial financial resources. An experienced lawyer can evaluate a claim and provide clients with a realistic picture of the case’s value, taking into account both past and anticipated economic and non-economic losses. In addition, a legal team can negotiate with insurance companies and prevent them from using pressure tactics to settle the case for less than it is worth. This can be particularly important because of the statute of limitations, which limits the window within which parents can pursue a legal action. This period begins when the birth injury occurred or was discovered, whichever is later.

Birth Injury

Although medical advancements have made childbirth much safer, it still carries some risk. Mothers and their partners expect doctors and other medical personnel to exercise the highest level of care during labor and delivery, avoiding errors that could have devastating consequences. When they fail to do so and a birth injury occurs, families deserve financial compensation.

A lawyer who has successfully handled birth injury cases can help you get the financial compensation you need. Typically, these damages can cover the costs of your child’s medical bills, therapies, equipment, home accommodations and other expenses. They can also pay for your losses and damages related to your family’s reduced quality of life.

As with all malpractice claims, you must prove that your doctor or another medical professional breached his or her duty of care and that this breach directly led to your child’s injuries. To do so, your attorney will need to review medical records, obtain expert opinions, identify any policies or protocols that were violated and interview witnesses.

In addition, a good attorney will be well-versed in medical malpractice law, which can make it easier to establish that the defendant acted negligently. They will also be more familiar with the types of evidence that are commonly used to support these claims, which can strengthen your case and improve your chances of a successful settlement or jury verdict.

Having a birth injury attorney who is experienced in dealing with insurance companies can also be beneficial. Your lawyer will be able to anticipate the tactics that insurance adjusters may use in order to lowball your claim and can fight back against them. This can significantly increase your chances of receiving a fair and reasonable settlement to cover the lifetime expenses of your injured child.

A qualified birth injury attorney can help you recover the financial compensation you need to ensure your child has the best possible future. This financial assistance can alleviate the burden of your child’s lifelong disabilities and other medical expenses, and it can provide you with peace of mind knowing that you are taking steps to hold at-fault medical professionals accountable for their negligence.

Medical Indemnity Fund

A lawyer with experience in medical malpractice and birth injuries can help you navigate the complicated litigation and bureaucratic hurdles such as the Medical Indemnity Fund that exist even after a jury verdict or settlement. He or she may also be better able to negotiate with the insurance company, since they have dealt with these cases many times before.

Typically, medical malpractice claims involve a claim that the physician or hospital breached its duty of care by failing to meet or exceed accepted standards of practice during the birthing process. To prove a breach of duty, the attorney needs to review the medical records and obtain expert witness testimony. Expert witnesses can analyze and explain the medical procedures that were followed and can testify that the actions fell below a reasonable standard of care for the profession.

In addition, a skilled attorney knows how to collect and examine relevant evidence such as photographs, videos, hospital records, the defendants’ background information, other complaints against the defendant, and any expenses incurred from the injury. This evidence can be used to show that the doctor or hospital failed to provide the proper standards of care and that this caused your child’s birth injury.

A medical malpractice lawsuit can take months or years to resolve. During that time, your attorney will negotiate with the insurance company for a fair settlement. If a settlement is not possible, the case will go to trial. The trial will be presided over by a judge or jury, and the plaintiff and the defendants will give depositions.

After a trial, the jury will decide whether to award you compensation and how much. A large portion of the award will be for noneconomic damages. These damages can cover things such as pain and suffering, disfigurement, loss of enjoyment of life, and mental anguish.

In New York, the state legislature created the Medical Indemnity Fund to cover future health care costs in medical malpractice cases involving neurological problems from birth-related injuries. The fund provides coverage to “qualified plaintiffs,” as defined in the statute, who have received either a court-approved settlement or a judgment finding that they sustained a birth-related neurological impairment due to medical negligence during a delivery admission. PCG is the MIF administrator and handles day-to-day operations, including case management, enrollment, requests for services that require prior approval, and claims payment.

Statute of Limitations

A medical mistake during birth can destroy a family’s life in an instant. When a birth injury is caused by negligent medical care, parents can face financial strain from unforeseen medical bills, lost earnings and ongoing treatment. A birth injury attorney can help families secure compensation for their losses.

Each state has a statute of limitations, or a deadline for filing a lawsuit. A birth injury attorney can explain how the statute of limitations applies to your case and file it before the time expires.

Some states begin the statute of limitations when a child turns 18 years old, while others start it from a date in the past that is close to their actual birthdate. In addition, some states require that a claimant serve notice of their intent to sue the health care providers before filing a suit, which can also impact the time limit.

A birth injury attorney can review your medical records and interview witnesses to build a strong case for your claims of malpractice. They can also consult medical experts and conduct research to determine if the doctor or hospital violated a high standard of care. They can also establish damages for your claim, which can include a lifetime cost of care and noneconomic losses such as pain and suffering.

Once your legal team has gathered evidence and completed a thorough assessment of the case, they can file the lawsuit. The doctors, hospitals and other medical providers will then become defendants in the lawsuit. A judge will assign a case number and case schedule, and attorneys will exchange information through discovery. This process includes depositions, or sworn testimony, and reviewing and analyzing documents and medical records.

Throughout the litigation process, the legal teams for each side may propose a settlement agreement. If a settlement is reached, both sides will sign an official document to settle the case and agree to the terms of the agreement. If the case does not settle, both sides can take the case to trial.

A trial is a complicated and lengthy process, with many moving parts. Defendants can use various strategies to challenge your claim, including arguing that you did not follow the court’s rules for filing a lawsuit or that the injury was not discovered until after the statute of limitations expired. To avoid such a challenge, it is best to consult with a birth injury attorney as soon as you think something went wrong during delivery.