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12 Companies Leading The Way In Birth Injury Litigation
Filing a Birth Injury Lawsuit

Medical negligence during labor and birth can cause permanent birth injuries that require lifetime medical attention. Filing a suit to receive financial compensation can help parents pay for the medical expenses of their child and ensure a better standard of living.


To prove medical malpractice legally, it is necessary to have strong evidence. Attorneys build their case by looking over medical records and identifying people who might be responsible.

Medical Malpractice

While the US is one of the world's most advanced medical societies however, serious injuries are frequent during childbirth. These injuries often have long-lasting effects on the victim's quality of life. Parents of children suffering from injuries like these must be accountable to the medical professionals for their negligence and seek an appropriate amount of compensation.

To build a case that is successful in proving birth injuries your lawyer will collaborate with medical and financial experts to determine the severity of the harm your child's suffered. This will be determined based on their current and future requirements like medications, therapies and caregiving expenses, as well as changes to your house or medical equipment and more. These are known as "damages."

However, it is important to know that many states have maximum limits on the amount of awards awarded in medical malpractice cases. This is particularly true for non-economic damages such as pain and suffering. It may be possible to get around this limit by working with a skilled attorney to present evidence that supports your claim.

Your child's injuries, unlike birth defects that are genetically triggered and not due to medical negligence, will have a significant impact on the future of your child. It is important to select an attorney who is experienced in handling these types of cases and can assist you obtain a fair verdict or settlement. They'll also be prepared to take your case through trial if necessary.

Birth Injury

A birth injury could cause harm to a baby or mother. For instance, a cephalohematoma which occurs when bleeding beneath the cranium develops into a bump that is raised after a birth and could be the result of forceps usage; subgaleal hemorrhage which causes blood directly under the scalp and is more severe than a cephalohematoma; and brachial sprain, which refers to the nerves of the arm, shoulder, and hand that are stretched or torn by a difficult birth like one that involves a shoulder getting stuck in the pelvis (called shoulder dystocia).

Other injuries be caused by brain trauma, resulting from a lack of oxygen and fractured skull bones. A medical malpractice claim can also involve claims for other damages, like economic and non-economic damages for pain and suffering and lost future income. Some claims also seek punitive damages designed to penalize defendants for committing negligence or inconsideration of a patient's life.

A good lawyer can help parents access and review medical records quickly and often. This will reduce the chance that a record could be lost or destroyed. A lawyer can also send a package of demands to the malpractice insurance company for the hospital and physician to request a settlement. The demand package typically contains a statement explaining how the injury occurred and how it affected the baby and the family. A malpractice insurance provider will typically respond with either a settlement proposal, or an insistence on settlement.

Statute of limitations

If you believe your child has suffered birth injuries as a result of medical malpractice, it is important to request their medical records as soon as possible. If you put off the request longer, there is a greater chance that the information will be lost, altered or destroyed. Furthermore, a delay of too long could hinder your ability to build a strong case and recover the right amount of compensation.

A doctor or another medical professional may make a variety of mistakes during birth and labor. Certain of these errors could cause serious injuries, including the lack of oxygen during the birth process (hypoxia). Medical malpractice could be the result of a medical professional failing to take the proper action during these critical moments.

In most cases victims have three years to file a medical negligence suit from the time of the negligent act or mistake. New York law has a special rule which extends the time limit to ten years in cases that involve children.

Since minors cannot sue on their own parents or legal guardian is likely to be required to file the claim on their behalf. This is why it is crucial to work with an experienced New York birth injury lawyer who is knowledgeable of these kinds of cases and is able to fight the high-pressure tactics that are often used by insurance companies in these types of disputes.

Filing a Lawsuit

A medical professional's actions may cause children to develop life-threatening illnesses that require long-term care. These injuries could require a lifetime's worth treatment, and that comes with substantial financial costs. A legal claim can aid families in paying for the needed treatments and other expenses.

A birth injury case starts with the evidence that the medical practitioner who was involved in the incident had a duty to the plaintiff. According to the law, a medical provider must exercise the same care and skill that experts in their field would apply in similar situations. A medical expert is required to determine if the doctor fulfilled this standard. The expert will testify as to the circumstances that led to the injury, and if it was the result of negligence on the part of the medical practitioner.

If birth injury attorneys scranton in medical care was to blame, the plaintiff must demonstrate that the medical professional breached this obligation by failing to comply with the standard of medical care. This includes proving that the medical professional acted in a reckless manner or was negligent in their decision-making process. It is not uncommon for a doctor to vehemently contest accusations of malpractice.

The jury will determine the appropriate damages for the case following the trial. This could include past or future medical expenses, therapy costs, medication and equipment. It is important to remember that in New York, a court-approved settlement or lawsuit judgment will allow the injured victim to enroll in the Medical Indemnity Fund for medical benefits in connection with their injury.

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