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Filing a Birth Injury Lawsuit Medical negligence during labor and birth can cause permanent birth injuries that need to be treated for a lifetime treatment Making a claim to receive financial compensation for parents can help pay for their childs ongoing medical expenses and ensure a better quality of life Legally proving medical malpractice requires strong evidence birth injury lawsuit pearland construct their case by reviewing medical records and identifying any parties who may be liable Medical Malpractice Although the US is one of the most advanced medical countries however serious injuries are common during childbirth These incidents often have lasting impacts on the victims quality of life Parents of children who are suffering from these injuries must hold the medical professionals responsible for the accident and seek fair compensation Your lawyer will collaborate with medical experts and financial experts to determine the extent of the damage your child suffered This will be determined by the current and future needs of your child including medication therapies and caregiving costs as well as modifications to your home medical equipment and other costs They are also referred to as damages But it is important to be aware that many states have limits on the amount of awards awarded in medical malpractice cases This is especially applicable to noneconomic damages such as pain and suffering You could be able to circumvent this limit if you collaborate with an experienced attorney to present evidence to support your claim Your childs injuries unlike birth defects that are genetically triggered and not caused by medical negligence will have a significant impact on the future of your child This is why its crucial that you choose an experienced lawyer who is familiar with these kinds of claims and can help you achieve a fair settlement or verdict Theyll also be prepared to present your case for trial should it be necessary Birth Injury A birth injury could cause injuries to a babys or mother Examples include a cephalohematoma that occurs when blood flow under the cranium develops into an elevated bump after birth and may be the result of forceps use subgaleal hemorrhage which causes blood that is directly under the scalp and is more severe than a cephalohematoma and brachial sprain which refers to the nerves that run through the shoulder arm and hand that are overstretched or torn by a difficult birth such as one that involves a shoulder getting stuck in the pelvis called shoulder dystocia Other injuries can include brain trauma caused by a lack of oxygen or broken skull bones Medical malpractice claims can also involve claims for other damages such as noneconomic and economic damages for pain suffering as well as loss of future income Some claims also seek punitive damages to penalize defendants for committing negligence or inconsideration of the life of a patient A good lawyer can assist parents quickly and often obtain and examine medical records This can reduce the risk that records is lost or destroyed A lawyer can also send a demand package to the doctor or hospitals malpractice insurer to request a settlement amount for the claim The demand package typically contains an explanation of the injuries and how it affected the baby and family A malpractice insurer will usually respond with a settlement offer or an insistence on settlement Statute of Limitations If you suspect that your child has suffered an injury to their birth as a result of medical malpractice it is vital to obtain medical records right away If you wait there is a greater likelihood that the records will be lost altered or destroyed If you wait too long it could hinder your ability to file an effective claim and receive fair compensation A doctor or a medical professional may make a range of mistakes during birth and labor Some of these mistakes could cause serious injuries such as the lack of oxygen during the birth process hypoxia Medical malpractice can be a result of a medical professional failing to be a good person in these critical moments In most cases victims have three years to file a medical negligence lawsuit beginning from the date of the negligent act or error New York law has a special rule which extends the deadline to ten years in cases that involve children Since minors cannot sue on their own parents or legal guardian will typically have to bring the claim on behalf of the minor This makes it crucial to work with an experienced New York birth injury lawyer who understands the complexities of these types of cases and can fight against the highpressure tactics frequently employed by insurance companies in these kinds of disputes Filing an action The actions of a medical professional during the birth process can leave children with lifealtering health conditions that require ongoing treatment These injuries may require a lifetime of treatment which can incur substantial financial costs A legal claim could help families pay for the 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 incident was bound by a duty to the plaintiff In the eyes of law a medical provider must act with the same care and expertise that experts in their field would use in similar situations A medical expert has to be consulted to determine if the physician adhered to this standard The expert will also testify on the circumstances that caused the injury and whether it was caused by the negligence of the medical professional A claimant who believes that an error in medical care was the cause of the injury has to prove the medical professionals breach of duty due to not adhering to standard of care This includes demonstrating that the medical professional acted in a reckless manner or was negligent in their decisionmaking process It is not uncommon for doctors to deny accusations of medical malpractice The jury will determine the appropriate damages for the case following an investigation This could include past and future medical costs therapy medication and other equipment It is crucial to remember that in New York a courtapproved settlement or lawsuit judgment can allow an injured victim to enroll in the Medical Indemnity Fund for medical benefits relating to their injuries