Children who suffer birth injuries may need lifelong treatment and care, which is why it may benefit their families to obtain legal representation.
According to the New York City Department of Health and Mental Hygiene, there were 121,673 live births in 2015 alone. Unfortunately, the joy of the moment may be tempered for some families when doctor errors, negligence or other complications result in birth injuries. While some such trauma may heal with time or as babies grow, others of these injuries may have lifelong effects. In these situations, some families may seek to pursue legal action, and thus, may benefit from hiring an attorney.
Understanding the laws
There are several laws that govern medical malpractice claims in New York. For example, state law places a statute of limitations of two years and six months on such cases. Therefore, if people do not take legal action within the specified time frame, they may lose their right to do so. Lawyers who primarily handle birth injury claims are often familiar with the regulating statutes, and may use their knowledge to ensure their clients meet the associated requirements.
Familiarity with the technicalities
Often, birth injury cases involve a significant amount of medical terminology, diagnoses and testing. Understanding this information and results may be difficult for those who have not attended medical school, which may complicate their cases. Although birth injury lawyers have not obtained the same education as physicians, their experience frequently aids them in becoming familiar with the technicalities of these types of legal actions. They may draw on this knowledge to help them analyze their clients’ medical records and build their cases.
Gathering the supporting documentation
When it comes to proving birth injury claims, much of the weight lies with the injured children’s medical records. Therefore, parents who make the decision to pursue legal action may require documentation, including doctor’s office notes, test results and procedure reports. Knowing where to start to obtain diagnosis and treatment, or to gather the supporting records may be overwhelming. Attorneys who focus their practice on birth injury claims may work with a team that is well versed in what information may be needed and how to go about collecting it.
Depending on the type and severity of their conditions, children in New York who suffer birth injuries may require ongoing medical treatment and care, as well as lifelong care. On their own, ensuring children who have suffered birth injuries will have the resources they need may be challenging for some parents. An attorney, however, may guide them through the process, looking out for their interests and those of their children.