A Lawyer Can Help If Your Child Suffers Medical Negligence During Birth
A lawyer can help if your child has suffered medical negligence from birth and is now facing a lifetime of problems. The first step is to establish that the hospital or doctor was obligated to provide care.
This can be accomplished through medical records and expert testimony. Next, your lawyer will be required to prove that the breach of this duty resulted in the injury.
What Caused My Child's Injury?
The birth of a child can be a very memorable moment for families. But, if medical errors occur prior to, during or right after the birth it could cause irreparable harm to children and their families. These mistakes can lead to long-term medical treatment, high bills and emotional stress.
A childbirth injury attorney can help a family obtain financial compensation if a doctor or hospital acted negligently in the pregnancy, labor, or birth process. The goal is to show that the medical provider violated their duty of care by not adhering to the accepted standards and that this breach led to the injuries to your child. This will require several evidence sources such as witness testimony and documents that clearly connect the violation to the child's injuries.
Your lawyer can gather this information, as well the medical documentation of your child's medical condition, to build a strong argument for your claim. The goal is to get an amount of money that can help you and your children overcome the harm they've suffered. This money can be used to cover the medical expenses of your child as well as pain and suffering, disability, in addition to other losses.
The best way to determine if the injuries suffered by your child were the result of negligence on the part of a medical professional is to speak with an New York birth injury attorney as soon as you can. A lawyer can assist in filing your claim within the time period and ensure that the needed documentation is in place to support your claim. A lawyer can also counsel you on the best way to present your evidence in court, which can include medical and expert witness testimonies as well as video and photographic evidence.
The most crucial aspect of any birth injury lawsuit is proving that the injuries sustained by your child were caused directly due to the negligence of medical professionals. Your lawyer will work with experts to determine the medical malpractice that occurred and how it caused your child's injury. They can then take legal action against the doctor or other medical personnel who caused the injury of your child to receive the compensation you deserve.
What Can I Recover from a Claim?
Medical negligence during pregnancy and delivery can result in severe and lifelong injuries for babies. These injuries can be costly to treat and can leave families with significant financial obligations. Families can also be faced with major emotional issues.
A lawsuit against the medical professional accountable for the injury could assist victims to recover compensation. This compensation can be used to pay for treatment and ease financial burdens. In a successful claim families may be awarded damages for past and future medical expenses including modifications to their homes and assistive devices, loss of wages, as well as suffering and pain.
In certain cases the jury can award punitive damages. They are damages that are designed to penalize a medical professional for extreme or gross carelessness or negligence. For example, if an doctor fails to order regular pregnancy tests that show treatable conditions, and the mother dies, a jury may decide to award punitive damages in addition to other damages awarded to the family.
The amount of money recovered in a birth injury lawsuit depends on the severity of the child's injuries and the effects they have caused the victim and their family. Children who suffer brain damage due to oxygen deprivation could require expensive treatment. This may include surgeries, physical therapy and occupational therapy. A lawyer can calculate financial damages and help families get the maximum amount of compensation.
If medical negligence has led to your baby's lifelong disability, such as autism or cerebral palsy, your child may need costly, long-term medical attention. You might have to leave work or quit your job altogether to take care of your injured child which could impact your earnings and cause massive losses. Your attorney can calculate the costs and recover them in your lawsuit.
Act as soon as possible when you suspect a medical professional of malpractice. The statute of limitations in New York for medical malpractice claims is very short. To find out more about your legal rights, contact a birth injury lawyer.
How do I start with a claim?
If your child has suffered an injury during birth due to medical malpractice, you should contact a lawyer as soon as you can. State laws set time limits on the time frame to file a claim and you can be denied damages if you delay.
To get started your legal team will gather evidence and documents to prove that a nurse or doctor violated the expected standards of medical care at the time of your child's birth. They will make a claim with the medical professional's and hospital's insurance companies. Your lawyer can also handle any denials of claims and negotiate an appropriate settlement for your claim.
If a settlement isn't reached Your medical malpractice attorney will prepare to bring the case to trial. They will rely on experts to prove your arguments and present your case before jurors. This will give you a better chance of getting an award.
In a medical malpractice lawsuit it is possible to seek compensation for both economic and non-economic damages. If the case involves egregious negligence, your lawyer may also demand punitive damages. These awards are designed to punish the defendants as well as prevent future negligence.
In many cases the medical errors that occur during childbirth could result in long-term consequences for mother and baby. The baby may suffer from the lack of oxygen in the body that causes brain damage, for example. Mothers' injuries can also cause similar problems such as incontinence and post-traumatic disorder.
The legal process for a birth injury claim could be complex and lengthy. Consult a medical malpractice attorney who is experienced in handling these types cases. They will know how to analyze your case, determine and defend against any violations of medical care standards, and secure the maximum compensation for you and your family.
Contact us today to receive a free review of your case if you have any questions about birth-related injuries or think you have a valid claim for medical negligence. Beth has more than 18 years of experience as a specialist nurse in labor and delivery. She will listen to your concerns and help you determine if medical malpractice contributed to the injuries that your child sustained.
Do I require an attorney?
The birth of a child should be a happy occasion but it can also turn into tragic when medical negligence takes place. This can result in a lifetime's worth of hardship and extraordinary expenses for the entire family. Legal action can help families get compensation.
The first step in bringing a claim for negligence in a hospital is to talk to a specialist medical negligence law firm that will be able to support you throughout the process. They can also help you in obtaining evidence of the malpractice that occurred - usually through an investigation.
A competent lawyer can create an argument that is strong to support your claim by proving that the hospital, doctor or nurse did not perform their duty of care. They can prove that the actions of the health care professional who was attending were below accepted standards through the examination of medical documents and expert testimony.
It is important to consult an attorney for medical malpractice early in the process, because there may be a time-limit for making these claims. It is crucial to consult a lawyer who has handled complex medical malpractice cases. This is particularly true for those involving childbirth.
Gabriel Levin, a medical malpractice lawyer, is known for his determination. He also has a knack for achieving results. He handles each case as if he is going to court and pays meticulous attention to details. He has secured millions of dollars for his clients. Many of them were victims of medical errors during pregnancy and childbirth.
The harms caused by medical negligence during the birth of a child can be devastating for both the mother and the child. These injuries can cause health problems and disabilities throughout the lifetime, or reduce a child's lifespan. Families can receive financial compensation to help pay for therapy, treatment equipment, home and other accommodation. Legal action against the healthcare providers responsible for these injuries can aid families in regaining their lives.