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An Introduction to Birth Injury Lawsuits

Birth Injury Lawsuits

Medical malpractice such as birth injury causes thousands of injuries each year. When the negligence of a doctor or other medical professional causes an injury to a newborn, parents often have grounds for a birth injury claim or lawsuit. In most cases, these lawsuits are based on medical malpractice law.

According to statistics, 7 out of every 1,000 births result in some kind of injury to the baby. Birth injuries can be caused by medical malpractice, which is a form of negligence. While the numbers appear to be small, this kind of negligence causes a lot of trauma and anguish for families. Medical malpractice is estimated to claim 251,000 lives. It amounts to about 9.5% of all deaths per year in the United States.

As shocking as these statistics may be, it is even more shocking to learn that they do not include the many cases of medical negligence that are never reported or recognized. Birth injury claims can be filed in the event of any injury to an infant caused by a doctor, nurse, or other healthcare professional.

What Is a Birth Injury Lawsuit

Birth injury lawsuits are a kind of legal action that occurs when a baby is injured during the birthing process, and it’s determined that the injury occurred due to medical negligence. Like other personal injury lawsuits, birth injury cases are brought by the parents or legal guardians of an infant who has been injured. These claims can be filed against any party involved in the delivery process, including doctors (including obstetricians), nurses, midwives, hospitals, and even the manufacturer of a defective medical device.

During birth injury lawsuits, the mother of the injured children works with a birth injury lawyer where medical professionals involved in the delivery will be deposed and asked questions related to the case. Both parties will build their cases where evidence from the medical records will be presented, along with expert witnesses and testimony from family members. The court will then decide what amount of financial compensation is due to the injuries. This will be used to cover the medical expenses such as medical bills and other future medical expenses of the child’s birth injury.

Types of Birth Injury Lawsuits

Birth injuries can have a lifelong impact on the child and their family. It can cause emotional distress for the parents and physical and mental disabilities in the affected child. They often require extensive medical care and therapy, which can be expensive. This financial burden can place a great deal of stress on the family. In addition, birth injuries can also cause emotional distress for the parents as they watch their child suffer. The court’s decision in a birth injury lawsuit can help ease some of this financial burden and provide compensation for the families affected by these tragedies.

Medical Malpractice – Birth Injury Lawsuits

Medical providers are trained to handle vaginal births and C-sections in a way that protects the health of you and your baby. However, sometimes mistakes occur, which can have disastrous consequences for your child.

This type of birth injury lawsuit commonly appears when doctors or other medical personnel fail to properly diagnose or treat a prenatal condition. For example, oxygen deprivation during birth can cause severe brain damage and result in cerebral palsy. In other cases, improper use of medical instruments during delivery may cause the child to suffer from broken bones or bone fractures, brain injuries, spinal cord injuries, or even death. In these situations, the negligent physician or medical facility may be held legally responsible for the child’s injuries.

Birth injury attorneys can help you determine if you have a case and, if so, what type of compensation you may be able to recover. From common birth injuries to complex cases, NYC birth injury lawyers have the insight and experience needed to handle these types of cases and help you with your medical malpractice claim.

Wrongful Death – Birth Injury Lawsuits

In worst cases where birth defects, an improper diagnosis, or medical malpractice leads to the death of a child, the child’s parents and family members can file a wrongful death lawsuit. A wrongful death lawsuit is similar to other types of personal injury lawsuits in that it allows the victim’s family to hold the responsible party liable for damages. A wrongful death lawsuit can also help address any financial hardship that has come about as a result of the loss. If you are in New York, then it is a must to work with a New York Birth Injury lawyer that knows the ins and outs of the New York legal system. A New York Birth Injury Lawyer will understand how to properly file your lawsuit and what claims you should make. Feel free to call Pagan Law for a free consultation today!

Reasons You Should File for One

Cerebral palsy, a brain injury, or even the loss of a loved one can be devastating. Not to mention the physical and emotional consequences that severe injuries can have. While you may feel numb and confused, it is important that you explore your legal options. This is too important not only to protect yourself but your family as well.

Here are the top five reasons you should file a lawsuit:

  1. To pay for expensive medical bills: A birth injury can be extremely expensive to treat. This is especially true if your child will need a lifetime of care. Filing a lawsuit can help cover these costs and protect you from financial ruin.
  2. To hold those responsible liable: If someone’s negligence caused you or your child harm, they should be held accountable. You deserve justice, and a lawsuit is one way to find it.
  3. To receive compensation for pain and suffering: A birth injury can cause a lot of pain and suffering. You may have to give up your job or take time off work. This can lead to additional stress and financial strain. If you’ve experienced this, a lawsuit can help cover those costs and compensate you for your pain.
  4. To support the expense of rehabilitation and physical therapy: Every serious birth injury requires some level of rehabilitation and physical therapy. Unfortunately, these can be very expensive. If a doctor failed or any attending physician causes your child’s future required care, you shouldn’t have to pay for it out of your own pocket.
  5. Other medical expenses: If your child’s injury occurred due to healthcare providers’ negligence, you shouldn’t have to pay for other medical expenses related to the injury. These may include ambulance and hospital costs, as well as any future surgeries or treatments your child may need if their condition is life-altering. Not to mention the medication your child is required to take if the case will result in lifelong disabilities which will leave you, the child’s family without a source of income, or simply unable to provide for your family.

When Should You File for One?

Complications arise faster for premature babies and newborns. The earlier a baby is born, the more vulnerable they are to complications that can cause birth injuries. You don’t want to wait until it’s too late to file a claim. The sooner you file, the more time you will have to collect evidence. That means you should file for one right away so while your child is having proper treatment, you can get the maximum compensation from the case to support the medical treatment and other future medical care expenses.

If you cannot file for a birth injury right away, you have three years from the time of the injury or from when you learned of the injury to file your claim. It is stated in the New York Civil Practice Law & Rules section 214 that the statute of limitations starts when someone is injured, but it must be filed within three years. If you’re not sure whether it’s too late to file, contacting a birth New York birth injury attorney is your best option.

How to File for a Birth Injury Lawsuit

Filing a birth injury lawsuit with the help of reliable New York birth injury attorneys can help you build a case against the doctors, medical team, and/or medical experts who were responsible for your child’s birth injury. In many cases, you can file a lawsuit against anyone involved in your child’s birth if they caused the injury by acting negligently or recklessly.

Both parties will try to mediate and come to a settlement outside of court. If they are unable to do this, the case will go to trial and a jury or judge will decide if you’re entitled to compensation for your child’s birth injury.

Working with birth injury attorneys will help you understand everything from the legal process to the medical treatment your child will need as a result of their birth injury. Also, in most cases, hiring someone from a personal injury law firm or a birth injury law firm offers free case evaluation to help you determine if you have a case.

Most of the time, the filing process for birth injury lawsuits is the same as other personal injury lawsuits. Let’s take a look at the basics of filing a birth injury lawsuit.

What Is the Process?

Most of the time, the filing process for birth injury lawsuits is the same as other personal injury lawsuits. Let’s take a look at the basics of filing a birth injury lawsuit.

#I. Sending a Demand Letter

There are times when a case won’t proceed with the filing of a lawsuit. Your attorney will send a demand letter to the party responsible for your child’s birth injury, and hopefully, they can negotiate a settlement to your satisfaction. But again, medical expenses are not small numbers, a doctor responsible for the injury may refuse to pay without a proper lawsuit. If the case does settle, you won’t need to go any further with the formalities of filing a lawsuit or going to court.

#II. Build Your Case

It is beneficial to work with New York birth injury lawyers to build your case if the defendant rejects the demand letter or the defendant’s insurance company denies coverage. After this, your lawyer/s will then prepare to file a formal lawsuit by drafting a complaint that will be filed with the court. Make sure to provide accurate details when being questioned by your lawyer. Your depositions will be recorded, and you don’t want to jeopardize your case by not telling the truth or forgetting something important during questioning.

In most cases, your lawyer will want to know several things, including:

  1. The time, date, place, and how the incident happened. By keeping accurate notes of this information, you can provide your lawyer with the most accurate statement possible.
  2. Information about those responsible for your child’s birth injury (names, addresses, contact information). It is important to get the names and contact information of any individual who was involved in the situation. In addition to the names and addresses, you should get a description of their job titles, their roles in your child’s birth injury, and what caused the injury.
  3. How the birth injury could have been prevented (i.e., if the doctor or nurse failed to administer anesthesia, what was the reason?) If you have any information indicating the reason for your child’s birth injury, it is important to write them down. This includes a description of what happened, any mistakes made by doctors or nurses at the time of your child’s birth, and how these mistakes may have caused your baby’s injury.

#III. Filing a Lawsuit

Giving the said information above, disposition, outcomes, and recommendations if any to your lawyer will determine what course of action is best for you and your child. From here, your lawyer will then file the case that he/she sees as appropriate and will work to get you the best possible outcome. When in court, you and your family members will be plaintiffs where you will be required to provide information, evidence, and other details as you present your case.

The medical professionals who are held responsible for your child’s injuries will be the defendant in the case. Your lawyer will then act on your behalf and will work toward getting you compensation for damages of all kinds that may have happened due to the negligence of medical personnel.

The court will give the defendants notice and a specific number of days to respond to the lawsuit. If the defendants do not respond within the specific time period, the court will then issue a default judgment in their favor. That means you automatically win the case.

#IV. Gathering More Evidence

In the discovery phase, your legal team will gather all evidence that you need to prove your case. That will include medical records, physical evidence, and other documents. This is to help you build a strong case against the defendants. It is important to prove that negligence occurs and the child is harmed because of it.

From the very specific detail on how or what happened to the child, to the exact medical treatment that was needed as a result of the harm, everything will be considered for the case. This is a better approach than simply preparing for trial with the evidence you already have and may not be enough. Medical bills and expense reports, depositions, and other information will be needed to support your case.

#V. Settlement Negotiation

Negotiation for a fair settlement to recover compensation for lost wages, psychological trauma, and other losses is a very common occurrence. Your lawyer will handle this process and help you to receive the best possible amount of compensation through a settlement. Concluding the case with settlement means no party wins the case. However, it can be beneficial for you as the family member of the victim because it can help you receive a good settlement that would cover your legal and medical expenses as well as give you some financial stability to support you and your family for future needs.

#VI. Trial and Appeal

A trial only occurs when both parties – namely you and the defendant’s party cannot reach a settlement agreement. This means that the judge or jury will decide on the case to determine liability and whether you should receive compensation. The process of trial can be long, complex, and expensive; it is best to avoid this situation if possible. However, this is not always possible when insurance companies are involved. If either side does not agree with the decision of the trial, an appeal can be filed. It could take a year or even longer for an appeals court to hear the case and make a decision.

Another factor that adds up to the length of the legal process is the losing side appeals the decision. If a party is unhappy with the result, they can appeal the judgment to a higher court. The appellate process can take an additional year or more, depending on the complexity of the case and whether there are any delays from one side or another. That means the compensation you really need could be delayed even further.

That is why it is important to work with someone who is experienced in the related practice areas and knows the New York laws and procedures.

Why It Is Important To Hire an Attorney

No mother wants to be in a position where they need to sue someone due to a birth injury to their child. However, if worst comes to worst and your child already suffered from a birth injury, then you need to hire an attorney.

There are many reasons why you need to hire one and here are some of them:

  • To know your legal rights: Hiring a lawyer is important so that you will be able to know what your legal rights are. They can also help you decide if it is worth it to file a lawsuit against the defendant. They can help you file the case and make sure that all documents are in order before they present them to the court.
  • To make sure someone is working for your best interests: The trauma, exhaustion, and stress can build up which can cloud your decision-making ability. A birth injury lawyer can help you make the right decisions and take the right actions. They will also have the experience to handle complex cases.
  • To ensure you receive the proper compensation: For many people who have suffered serious injuries or lost a loved one because of medical malpractice, the last thing on their mind is getting compensated. However, it is important to get the compensation you deserve so you can move on with your life and pay for your bills. A good birth injury lawyer knows how much you should receive in compensation, and they will make sure that happens.

How the Pagan Law Firm Can Help Your Case

There’s no better way to address your case than working with a reliable law firm. We at The Pagan Law Firm have a team of skilled and experienced birth injury lawyers that know how to handle your case. Honesty and hard work are what define us. It is in our best interest to see justice served for you and your child. We like to think that we are more than just lawyers, but advocates of the people. When you retain us as your birth injury lawyer, you can expect us to fight for you from start to finish.

The Pagan Law Firm is one of the most successful law firms in New York because we always put our best foot forward. To get the best service and be backed by qualified lawyers, feel free to contact us. We provide free initial consultations, and we are ready to help you with your case.

Click here for a free consultation or call us at 212-967-8202