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birth injury lawyer baltimore made during childbirth can leave children with permanent disabilities that require lifetime medical attention. A birth injury lawsuit may help parents cover these costs. However, pursuing this type of claim requires careful consideration of various aspects. A lawyer can look over your case and determine whether you have a valid claim. Damages A victim may be able to seek compensation if a medical error causes injury. A successful birth injury lawsuit could provide future care costs as well as lost income and other expenses. The amount of damages awarded depends on the type and extent the injury. A legal claim that is successful requires four elements that must be proved: (1) that a medical professional did not act in accordance with the accepted standards for professionals with similar training and experience, (2) that this failure resulted in injuries to the patient, (3) that the injuries were severe, and (4) there evidence of damage. Your lawyer will review your medical records and consult experts to determine if your situation meets the requirements. In addition to medical expenses victims can also be awarded non-economic damages, like pain and suffering. It is difficult to estimate the amount of these damages, however an experienced lawyer can evaluate similar cases and determine a reasonable amount. In most cases, the defendants in a case with birth injuries are hospitals and the doctor who caused the injury and any nurses who were involved in the birth. In some states, midwives are also defendants. In New York, however, these trained professionals are only expected to help with normal pregnancies, and to transfer high-risk ones to a certified Obstetrician. In these instances, the midwife's actions may be considered as malpractice when they were judged to be negligent or irresponsible. Statute of Limitations The statute of limitations is a legal term that refers the time within which you are able to file a lawsuit. This restriction helps ensure that lawsuits are filed in a timely manner, while physical evidence and witness accounts are still fresh. In the case of birth injury claims the statute of limitation varies from state to state. This is because each state has its own laws and regulations for medical malpractice claims. The general standard is that you have two to three years from the date the negligent act took place to file an claim. To prove negligence, it is essential to prove that the medical professional owed an obligation towards you. You then have to establish that the healthcare provider did not fulfill their obligation by failing to adhere to the appropriate standards. This standard is usually determined by the medical profession's own customs and practices. Your attorney will work closely with experts to determine whether the medical professional has met the standard of care, and if so, how. The experts will review medical records and depositions taken by the doctors who are involved in your case and give their opinion. Your lawyer will work with financial experts to calculate your damages. The amount of damages is usually dependent on your child's future needs, and may include both economic and non-economic damages. Expert Witnesses In the event that an error in medical treatment causes injuries to a child as part of a lawsuit, the child's parents might be able to seek compensation. The amount of the payout will depend on the extent of the injury and the costs resulting from it. These could include medical costs for the remainder of your life, loss of income due to work and pain and discomfort. To win their case, the plaintiffs must prove that the defendant's doctor or medical team did not follow a certain standard of care. Generally this will require expert witnesses with the right experience and training to give professional opinions. However, defendants may also provide their own expert witnesses to counter the plaintiff's claims. A medical expert witness is a person who has specific skills and knowledge in their field. They can give an opinion on a case and present it in clear, easily understood language to others during legal proceedings. Expert witnesses are usually hired to testify in court cases involving medical negligence. In the event of a case involving birth injuries, medical professionals could be required to testify regarding the standards of care that should be adhered to during pregnancy, delivery, and after-birth care. These experts can also talk about the ways in which the defendant's actions or negligence caused the victim's injuries. They can also explain how a different course of actions could have prevented injuries and help the jury decide on liability. Filing a Lawsuit In most cases, medical malpractice lawsuits, including birth injury lawsuits, are resolved through settlements. Doctors and hospitals often worry about negative publicity and public relations if they are found to be negligent. It is crucial to talk with an experienced attorney prior to taking any settlements for your child's birth injuries. Many lawyers will offer a free consultation as well as a case evaluation to determine if your child is entitled to a claim. If they decide to pursue your case, they will gather the necessary medical records and hire medical experts to examine them. They can assist in establishing what is required under a certain standard of medical care, and identify any omitted diagnoses. Your attorney will then help you identify potential defendants for your birth injury lawsuit. This could include the doctor or nurses who treated the patient, and the hospital where the injury occurred. They will then gather additional evidence to back up your claims. This could include psychological and physical evidence, as well expert witness testimony. Your attorney could try to reach a settlement with the defendant prior to filing a formal lawsuit. This is done by sending the defendant a demand note which outlines the injuries your child sustained and the expenses associated with the injuries. Although the demand letter does not guarantee a settlement however, it could give your lawyer a rough idea of what the defendant might be willing to pay.