When to File a Medical Malpractice or Birth Injury Lawsuit

Birth injury law
Having to deal with illness and hospitalization is difficult enough in itself. And when the medical care is botched, with disastrous results, it seems like more than a person can bear. In cases of medical malpractice and birth injury defects, it is possible to hold those who are responsible for the harm, due to carelessness or neglect, accountable. If you’re looking for someone who can provide the legal help you need at this difficult time, a consultation with an experienced firm of Westchester lawyers is the best way to begin.

How to identify medical malpractice
The first step is for you and your medical malpractice lawyer to decide if you have a case that will stand up in court. Medical malpractice is unfortunately a very common occurrence. According to the Journal of the American Medical Association (JAMA), medical negligence ranks only behind heart disease and cancer as a cause of death in the U.S. Medical malpractice and negligence can occur in inpatient and outpatient settings.
To establish medical malpractice, a lawsuit must prove that the defendant failed to provide a standard level of care, leading to the injury. If a settlement is awarded, compensation can cover medical expenses, pain and suffering, as well as the loss of future earnings. The commonest basis for inpatient medical malpractice claims is surgery errors, which account for one third or 34% of all claims. An experienced firm of Westchester lawyers will be able to advise you on the validity of your claim and on what steps you should take.

What to do when a birth injury occurs
There are many different types of birth injuries and defects, and the causes can be related to either heredity or environment. The second category covers drug and alcohol abuse during pregnancy, and also the use of prescription drugs under medical supervision by the mother during pregnancy. Birth injuries are caused by negligence and malpractice during labor or delivery. They can be caused by errors made by the obstetrician, such as the use of forceps or vacuum. Birth injury statistics show that in the U.S., seven out of every 1000 babies will suffer birth injuries.
Cerebral palsy is one of the commonest forms of birth defect, and can be due any of the causes listed above. It leads to difficulty or lack of control over motor functions and movements. In as many as 20% of newborns with congenital cerebral palsy, this is due to a brain injury suffered during delivery. The number of babies born each year with birth injuries is 28,000 on average.

What to expect when filing a medical malpractice claim
A medical malpractice claim can be filed against the individual practitioners as well as the institution where the injury happened. The liability is typically accountable to the child who has suffered the injury and compensation if awarded may be in the form of a trust or settlement in the name if the child. In addition, the parents of the child may also be able to sue for emotional distress.
When you’re ready to take the first step, an experienced firm of Westchester lawyers can guide you through the entire process. Learn more at this link.