A medical error during birth can leave your child with a lifelong disability and enormous expenses. A qualified lawyer can help you recover compensation from the medical professionals involved in your child’s diagnosis.
A good lawyer will fight for the maximum compensation in a settlement or verdict. But how do you find the right attorney for your case? Contact Birth Injury Attorneys now!
A successful medical malpractice lawsuit requires an attorney to prove four elements: duty, breach, causation, and damages. To demonstrate that a doctor breached their duty, an attorney must review the medical records of the mother and infant, as well as the testimony of expert witnesses. Experts are individuals with specialized knowledge in a specific area, such as obstetrics or neurology. These experts may review medical records or take depositions of doctors involved in the case. They will provide their opinions about whether a medical professional acted reasonably under the circumstances, and they can be called to testify at trial.
Many families suffer financial hardship after an injury or death caused by medical negligence. These losses include current and future medical expenses, lost wages, emotional distress, and other damages. A successful lawsuit can compensate families for the losses they have suffered as a result of medical negligence.
The attorneys at Jacob D. Fuchsberg Law Firm are experienced in handling birth injury cases and understand how to build a strong case against negligent medical personnel. They know how to evaluate the medical records and testimony of expert witnesses, file a claim against the responsible doctor or hospital, and negotiate with insurers to obtain a fair settlement for the family.
If a reasonable settlement cannot be negotiated, the lawyers will file a medical malpractice lawsuit in the county where the birth took place. The parents become the plaintiffs, and the doctors and hospital are named as defendants. The lawsuit proceeds through discovery, during which both parties exchange information about the case and take depositions of witnesses.
After all the evidence has been gathered, the attorneys will prepare a demand package and send it to the doctor or hospital’s malpractice carrier. This document includes a statement about the birth injury, documents supporting the claims, and a proposed dollar amount to settle the case. The medical provider’s insurer reviews the demand and responds to it, either by accepting or rejecting it.
It is important to hire a New York birth injury attorney as soon as possible after an injury or death caused by medical negligence. The statute of limitations limits the time window within which parents can file a lawsuit, and the sooner an attorney begins working on the case, the better.
Collecting Evidence
Many medical malpractice cases require the opinion of an expert or someone with specialized knowledge in the field. In a birth injury case, an expert will help establish that the medical providers involved failed to meet the appropriate standard of care and that this failure directly caused the injuries suffered by your child and/or mother. The expert will review the evidence in your case, including the medical records and depositions of the doctors involved. He or she will also provide feedback throughout the process and, if necessary, testify at trial. Other experts, such as financial or forensic, may also be needed to assess your damages and help your attorney negotiate a settlement or jury award.
You must demonstrate that you and the doctor in question had a professional relationship at the time of the birth. This can be established with medical records or hospital bills. Once this is done, you must prove that the doctor breached that duty by providing substandard care during the labor and delivery. Your lawyer can assist you in locating and reviewing relevant documents, medical records and other documentation.
Once the attorneys have sufficient evidence, they will file a lawsuit against the doctor and/or hospital in which the negligence occurred. The lawsuit will identify the parents as the plaintiffs and the medical professionals as defendants. Once the lawsuit is filed, your attorney will obtain additional information about the case through discovery, which includes taking depositions from the physicians involved and requesting copies of any documentation they feel is relevant to your claim.
It’s important to remember that while the damages you seek will not reverse your child’s injuries, it will help cover the expenses associated with his or her care for a lifetime. This can include monetary compensation for the cost of medical treatment, therapy, equipment and in-home carers as well as any lost income because of your child’s disabilities.
Injuries that occur during birth can have devastating consequences for both the mother and the child. Sadly, some of these injuries can cause health problems and disabilities that last a lifetime or even cut short the life of your beloved child. Hiring a birth injury attorney can ensure that you get the financial support you need to care for your child.
Negotiating a Settlement
In most cases, medical malpractice lawsuits are settled out of court. However, the process of negotiating can be complicated and time-consuming. Your birth injury attorney has the experience to negotiate with insurance companies and their attorneys for maximum compensation in your case.
To win a case, your attorney needs to prove that a healthcare professional breached their duty of care during labor and delivery. This involves establishing that their actions fell below an accepted standard of care, which can be established through evidence like medical records and expert opinions. Your attorney can also use evidence like policies and procedures that were violated or witness testimony.
Once your lawyer has a solid case, they will send a letter to the medical professionals involved in your case, and their malpractice insurers. Injured families often receive settlement offers from these insurance companies. While these settlements can’t undo the harm caused by the negligence, they can help families cover medical expenses, lost income, and other costs associated with your child’s condition.
Depending on your state’s laws, your family may be eligible for non-economic damages, which are intended to compensate you for your emotional distress and loss of quality of life. In more egregious cases, juries or judges can award punitive damages.
A settlement can ease the financial burden of your child’s injuries, allowing you to pay for therapy and adaptive equipment. It can also reduce the stress of dealing with mounting medical bills. Your lawyer can provide you with a rough estimate of how much your claim is worth during the initial consultation, and will work with medical and financial experts to calculate the full amount of damages you should be entitled to.
While bringing a lawsuit against an obstetrician or other medical provider can be difficult, many parents find peace of mind in knowing that they are held accountable for their child’s medical errors. While a settlement won’t undo the harm, it can cover future expenses and allow you to find closure for this difficult chapter of your life.
Going to Trial
When a birth injury is caused by medical negligence, it can lead to permanent health problems and life-altering disabilities. While a lawsuit won’t undo the harm that was done, it can help cover treatment costs to give the child and parents a better quality of life.
A qualified birth injury attorney has the resources to build a strong case against at-fault medical workers and get maximum compensation for the child’s injuries and losses. They will work with financial and medical experts to identify the types and amounts of damages that are owed, which may include economic (such as lifetime cost of care) and noneconomic (such as pain and suffering).
After reviewing and identifying evidence of malpractice, birth injury attorneys submit a demand package to the doctor or hospital’s malpractice carrier. This contains a statement explaining the incident and attaches records that support the claim. The carrier can either accept or reject the offer. If the doctor or hospital refuses to accept the offer, the lawyer may file a medical malpractice lawsuit.
Medical negligence claims require the opinion of a medical expert to establish that the doctor or nurses violated the appropriate standard of care and that this violation caused harm. The expert will review all evidence in the case, including depositions and medical records, and provide their opinion. They will also testify at trial if needed.
The strength of the evidence will impact settlement negotiations with insurance companies. If a settlement cannot be reached, the case will go to trial, where a jury will decide the types and amounts of damages owed.
Many families worry about how they will pay for a birth injury lawyer. The good news is that most birth injury lawyers work on a contingency fee basis. This means they don’t charge anything upfront and only get paid if they recover money for their client. In addition, they will advance all the necessary expenses to build a strong case and take it through a trial, if needed. This is a big relief for parents who already have enough financial and emotional stress from a child’s birth injury.