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Birth Injury Lawsuits Medical mistakes made during childbirth can cause children to suffer permanent injuries that require care for the rest of their lives. A birth injury lawsuit could aid parents in paying these costs. To pursue this type of claim, it is important to look at a number of aspects. A lawyer can evaluate your case and determine whether you have a valid claim. Damages If a medical error leads to an injury, the victim can be able to seek compensation. A successful birth injury lawsuit could be able to cover the cost of future care or loss of income, and more. The amount of damages awarded is contingent on the nature and severity of the injury. A successful legal case requires four elements to be established: (1) that a medical professional failed to comply with accepted standards for professionals with similar training and experience, (2) that this negligence resulted in injuries to the patient, (3) that the injuries were severe and (4) there was evidence of damage. Your lawyer can review your medical records and talk to experts to determine if your case is within the guidelines. In addition to medical costs, a victim can receive non-economic damages like pain and suffering. It is usually difficult to estimate the value of this kind of loss however, an attorney can compare similar cases to determine an appropriate amount. The defendants in a birth injury lawsuit are typically hospitals, the doctor responsible for the injury as well as any nurses involved in the birth. In some states, midwives can also be sued. In New York, however, midwives are expected to help with normal pregnancies, and to transfer high-risk ones to an experienced obstetrician. In these situations the actions of the midwife could be considered to be malpractice if they were deemed negligent or irresponsible. Statute of Limitations The statute of limitations is a legal term that refers the time within which you are able to make a claim. This limitation helps ensure that cases are dealt with in a timely manner while physical evidence and witness accounts are still fresh. When it comes to birth injury claims the statute of limitations is different from state to state. This is because every state has its own laws and standards regarding medical malpractice claims. The general rule is to file a medical malpractice claim within two to three years of the negligent act. Generally, to demonstrate negligence, you must demonstrate that the medical professional owed you the duty of care. You must then prove that the healthcare provider violated this duty by failing to adhere to the appropriate standards. This standard is usually set by the medical community's own norms and procedures. Your lawyer will collaborate with experts to determine whether the medical professional has met the standard of care and, if not, how. These experts will review the medical documents and depositions of the doctors involved in your case, and give their opinion. Your attorney will also work with financial experts to calculate your damages. The amount of damages is usually based on the future needs of your child and can include economic and non-economic damage. Expert Witnesses If an error in medicine results in injuries to a child that are the subject of a lawsuit, the child's parents could seek compensation. The amount of compensation will depend on the severity and cost of the injury. These can include medical expenses for the duration of your life, lost income due to inability to work and discomfort and pain. For the plaintiffs to prevail in their lawsuit they must prove that the medical team and the doctor who was defending deviated from an appropriate standard of care. Generally it is necessary to have expert witnesses with the proper expertise and experience to offer professional opinions. The defendants may also bring their own expert witnesses in order to refute the allegations of plaintiffs. A medical expert witness has specialized skills and knowledge in their area of expertise. They can give an opinion on a case and explain it in a clear, easy-to-understand language to others in legal proceedings. In cases of medical malpractice in the courtroom Expert witnesses are often hired to give evidence. In a case involving birth injuries, medical experts might be required to testify regarding the standards of care that should be followed during pregnancy, delivery, and afterpartum care. Experts can also explain the way in which the defendant's actions and negligence caused the victim's injury. They can explain the way in which a different course of action would have prevented the injuries and assist the jury determine the liability. Filing an action In the majority of cases, medical malpractice claims, including birth injury lawsuits, are resolved through settlements. This is because hospitals and doctors are frequently concerned about negative publicity and public relations if they are found liable for negligence. birth injury attorneys clearwater to speak with an experienced attorney before signing any settlement agreement regarding your child's birth injuries. Most attorneys offer a free consultation to determine if you child has a valid case. If they decide to accept your case, they will gather the necessary medical records and engage medical experts to examine them. These experts can help establish what could have happened under a specific standard of medical care, and determine any omitted diagnoses. Your attorney will identify potential defendants in your birth injury lawsuit. This could include doctors nurses, hospital, and doctor where the birth injury occurred. They will then gather additional evidence to back up your assertions. This can include both psychological and physical evidence, as well expert witness testimony. Your attorney could try to negotiate a settlement prior filing a formal lawsuit. This is typically done by sending an official demand letter to the defendant that describes your child's injuries and the associated costs. The demand letter does not guarantee a payout but it could give you and your lawyer an idea of how the defendant will be willing to pay.