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Don't Make This Silly Mistake On Your Birth Injury Litigation
Filing a Birth Injury Lawsuit

A medical error during childbirth can result in permanent birth injuries that require lifetime care. Filing a suit to receive financial compensation could help parents afford their child's medical treatment and provide a better standard of living.

Legally proving medical malpractice requires solid evidence. Attorneys build their case by looking over medical records and identifying any persons who could be accountable.

Medical Malpractice

Although the US is one of the world's most advanced medical nations however, serious injuries are prevalent during the birth of a child. These injuries can have a lasting impact on the lives of the victims. Parents who have children who are suffering from these injuries need to hold the medical professionals at fault accountable and seek fair compensation.


In order to build a case that is successful in proving birth injuries your lawyer will work with medical and financial experts to determine the severity of the damage your child has suffered. This will be based on the needs of your child's current and future including treatments, medications, caregiving expenses, modifications to your house, medical equipment and so on. These are known as "damages."

However, you should be aware that many states have caps on awards in medical malpractice cases. This is especially true for non-economic damages such as pain and suffering. It is possible to beat this limit if partner with an experienced attorney in order to prove your claim.

Unlike birth defects, which are conditions caused by genetics, and not caused by negligence on the part of a doctor the injuries your child suffers will have a major impact on their future life. This is the reason it's essential that you choose a knowledgeable lawyer who is familiar with these kinds of claims and can assist you to obtain a fair settlement or verdict. They'll also be able to pursue your case all the way to trial, if needed.

Birth Injury

Birth injuries can affect either the mother or baby. Examples include a cephalohematoma, which occurs when bleeding under the cranium forms an elevated bump following a birth and could be the result of the use of forceps; subgaleal hemorrhage which causes blood flowing directly under the scalp and is more severe than a cephalohematoma brachial palsy, which refers to the nerves that run through the arm, shoulder, and hand that are stretched too much or torn by a difficult birth, such as one that involves the shoulder getting stuck inside the pelvis (called shoulder dystocia).

Other injuries be caused by brain trauma, resulting from a lack of oxygen or fractured skull bones. Medical malpractice claims can contain other damages like economic damages and non-economic damages. Some claims are based on punitive damages, which are intended to punish those who have shown a great deal of inattention or carelessness for the life of a patient.

A skilled lawyer can assist parents quickly and frequently obtain and examine medical records. This decreases the chances that a record will be lost or destroyed. Lawyers can also send a demand package to the doctor and hospital's malpractice insurance company to request a settlement amount for the claim. A demand packet typically contains a statement explaining the injury and how it affected the baby and family. A malpractice insurance company will typically respond with either a settlement proposal, or an insistence on settlement.

Statute of Limitations

If you suspect your child was injured during birth due to medical malpractice, you should request their medical records as soon as is possible. Doing so may increase the likelihood that they are lost or altered, or even destroyed. If you wait too long, it could limit your ability to make claims that are strong and secure an appropriate amount of compensation.

A doctor or any other medical professional could make a variety of errors during labor and birth. Some of these errors can result in serious injuries, such as the inability to breathe during the birth process (hypoxia). If the medical professional is unable to take correct actions in these critical moments and this results in an injury, it can be considered medical malpractice.

In most cases, victims are granted three years from when the negligence was committed or was omitted to bring a lawsuit against a medical malpractice. However, New York law includes an additional rule that extends this time frame to 10 years for cases that involve children.

A parent or legal guardian is required to bring a claim for a minor, as they cannot sue themselves. This makes it crucial to work with an experienced New York birth injury lawyer who is aware of the complexities of these kinds of cases and who can fight the high-pressure tactics that are commonly employed by insurance companies in these types of disputes.

Filing a Lawsuit

A medical professional's actions may cause children to suffer life-threatening illnesses that require long-term care. These injuries could require a lifetime's worth of treatment, which can incur substantial financial burdens. A legal action can help families with the cost of treatments as well as other costs.

The first step in proving the birth injury case is to prove that the medical provider who was involved in the accident had a responsibility to the plaintiff. In accordance with the law, a medical professional is required to perform their duties with the same care and proficiency that experts in their field would use in similar circumstances. A medical expert is required to determine if the doctor met this standard. The expert will testify as to the circumstances that led to the injury and whether the injury was the result of negligence on the part of the medical professional.

A person who believes a medical error caused the injury must prove that the medical professional's breach of duty through not following the standard care. This includes demonstrating that the medical professional was negligent or was negligent in their decision-making process. It is not unusual for a doctor to vehemently dismiss accusations of malpractice.

Following a trial, the jury will consider the damages that are appropriate to the particular case. This may include past and future medical expenses, therapy, medications and equipment. It is important to note that in New York, a court-approved settlement or judgment from a lawsuit will permit an injured victim to be enrolled in the Medical Indemnity Fund for medical benefits related to their injury.

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