Notes

Why We Love Birth Injury Litigation (And You Should, Too!)
Filing a Birth Injury Lawsuit

Medical negligence during labor and delivery may cause permanent birth injuries that require a lifetime of medical attention. A lawsuit filed to seek financial compensation for parents can help pay for their child's ongoing medical expenses and ensure a better quality of life.

Legally proving medical malpractice requires strong evidence. Lawyers construct their case by examining the medical records and identifying any people who might be responsible.

Medical Malpractice

Despite the fact that the US is a medically advanced nation however, injuries to children are frequent. These accidents can cause lasting impact on the victim's life. Parents of children suffering from injuries like these must hold responsible the medical professionals at fault and seek fair compensation.

birth injury law firm albany will consult with financial experts and medical experts to determine the amount of harm your child has suffered. This will be based upon their current and future requirements like medications, therapies or caregiving expenses, changes to your house or medical equipment, etc. These are known as "damages."

You should be aware that many states limit the amount of compensation that is awarded in medical malpractice cases. This is especially applicable to non-economic damages like suffering and pain. You might be able overcome this limitation if collaborate with an experienced attorney to prove your claim.

Your child's injuries, unlike birth defects that are caused by genetics and not caused by medical negligence, will have a major impact on the future of your child. It is important to choose an attorney who has experience in handling these types of cases and can help you receive a fair verdict or settlement. They will also be ready to go through a trial if needed.

Birth Injury


A birth injury could cause harm to a baby or mother. Examples include a cerphalohematoma which is when bleeding under the cranium forms a raised bump after a birth and could be the result of forceps use; subgaleal hemorrhage which causes bleeding directly under the scalp and is more severe than a cephalohematoma; and brachial palsy refers to the nerves of the shoulder, arm and hand that are stretched too much or torn in a difficult birth, such as one that involves the shoulder becoming stuck in the pelvis (called shoulder dystocia).

Other injuries can include brain trauma due to lack of oxygen or fractured skull bones. A medical malpractice case can also be a source of claims for other damages, such as non-economic and economic damages for pain and suffering as well as lost future income. Some claims demand punitive damages in order to punish defendants who have displayed extreme carelessness or disregard for the health of patients.

A good lawyer can help parents to obtain and review medical records quickly and often. This reduces the chance of a record being lost or destroyed. A lawyer may also send an order to the hospital's doctor and malpractice insurer to request a settlement for the claim. The demand package typically contains a statement explaining the nature of the injury and how it has affected the baby and the family. A malpractice lawyer will usually respond with a settlement offer or decline to settle.

Statute of Limitations

If you believe your child has suffered an injury at birth due to medical malpractice, it's important to request their medical records immediately. If you wait, there is a greater chance that the records could be lost, altered or destroyed. A delay of too long may limit your ability to make solid claims and receive fair compensation.

A doctor or another medical professional could make a number of mistakes during the delivery process and labor. Some of these errors can result in serious injuries, for example, the inability to breathe during the birth process (hypoxia). If the medical professional is unable to make the right decisions during these critical moments and this causes injury, it can be considered medical malpractice.

In most cases, victims get three years from the date the negligent act was committed or omitted to make a claim for medical negligence. However, New York law includes a specific rule that extends this deadline to 10 years for lawsuits that involve children.

Since minors cannot sue on their own, a parent or legal guardian will generally have to bring the claim on behalf of the minor. It is therefore important to choose a seasoned New York birth injuries lawyer who can deal with these cases without difficulty and fight the high-pressure tactics that are often employed by insurers in these types disputes.

Filing an action

A medical professional's actions during the birth process can leave children with life-altering health conditions that require long-term care. These injuries may require a lifetime of treatment, which can incur substantial financial costs. A legal claim can aid families to pay for required treatments and other costs.

The first step in proving the case of a birth injury is to prove that the medical provider who was involved in the accident had a responsibility to the plaintiff. As per the law, a physician is required to perform their duties with the same care and proficiency that professionals in their field would use under similar circumstances. A medical expert is required to determine if the doctor achieved this standard. The expert will testify as to the circumstances that led to the injury and whether it was caused by negligence on the part of the medical practitioner.

If an error in medical care was to blame, the plaintiff must prove that the medical professional violated the duty of care by failing to uphold the standard of care. It is important to show that the medical professional made an error in judgment or with recklessness. It is not unusual for a doctor to vigorously deny allegations of malpractice.

After a trial, the jury will look at the damages that are appropriate to the circumstances. This could include past or future medical expenses, therapy costs, medication and equipment. In New York, an injured victim may enroll in the Medical Indemnity Fund if a court has accepted a settlement or lawsuit judgment.

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