Negligence is generally proven in a birth asphyxia claim with help from a medical expert who will review your child’s records and confirm malpractice occurred. Medical expert witnesses often play a key role in birth injury cases and other types of medical malpractice claims. In many areas, state law requires that an expert confirm medical negligence is likely before a lawsuit can proceed.
As you can likely imagine, choosing the right expert for your case is paramount. A lawyer can help you to navigate through the medical and legal complexities of proving negligence.
Your lawyer will work with a network of experts and identify the best options based on your case’s facts and the knowledge of those in their network. These experts will review your child’s medical records and other relevant documents, discuss their findings, and prepare any necessary paperwork required in your state before proceeding with your case.
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State Laws Often Include a Medical Expert Witness
As mentioned above, many states require input from a medical expert before allowing a malpractice case to move forward in the court system. This requirement helps to reduce the number of fraudulent lawsuits that pack the courts. Depending on your state’s laws, though, the role of the expert may be different.
For example, New York requires your attorney to speak with a doctor who reviewed the facts of the case and verified that they believe malpractice occurred. This requirement is found under New York Civil Practice Law and Rules (CVP) §3012-a. In neighboring New Jersey, though, the doctor has to sign a sworn statement called an “affidavit of merit” that certifies there is a good possibility that malpractice led to your child’s injuries. This requirement is found under NJ Rev Stat § 2A:53A-27.
As shown, medical expert witness requirements in a malpractice birth injury case can vary based on state law. However, most laws generally require that the medical expert be someone who works in a similar setting, with similar training and experience. Generally, the medical expert also needs to work in a geographically nearby facility since hospitals in different areas may have different standards of care.
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The Role of the Medical Expert in a Birth Injury Case
Your medical expert may prove negligence in a birth asphyxia claim in addition to taking other steps to help those involved in your case to get a better understanding of your child’s injuries.
Because medical negligence cases often refer to the applicable standard of care, the only way to prove these cases is to know the acceptable standard of care and show how the doctor or other party deviated from it. You may not know the proper protocols or procedures a doctor should follow when they encounter a specific situation during labor and delivery, but your expert witness will.
The medical expert can show the necessary care your child required, the substandard care they received, how this led to their injuries, the link between their injuries and diagnosis, and more. They may also play a role in helping your attorney document your child’s ongoing effects and care needs related to their birth injury.
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Damages Recoverable Depend on Your Family’s Losses
If you can prove that negligence led to your child’s birth asphyxia and their resulting injuries, you can hold the liable parties accountable for your family’s related expenses. The potential value of your case will depend on the specific losses you experienced.
When a doctor or medical care facility fails to provide the standard of care required to keep your newborn safe, you should not be left facing financial stress and mounting medical bills to secure your child’s care.
You can seek damages for your current and future related expenses and losses, such as:
- Treatment, therapy, and other medical expenses
- Ongoing care and support costs
- Required equipment such as wheelchairs
- Out-of-pocket losses and expenses
- Pain and suffering
- Emotional distress
- Other non-economic losses
You will likely not need to spend anything out of pocket to pay for your attorney’s services. Most birth injury lawyers represent clients on contingency, meaning they are paid from the damages they recover on your behalf.
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The Birth Injury Lawyers Group Will Review Your Case for Free
The Birth Injury Lawyers Group will review your child’s potential birth asphyxia case today at no cost to your family. You can speak with a member of our team who is familiar with these injuries and the lifelong damage that can result. We want to discuss your legal claim and options with you based on the facts of your case, including your child’s delivery, diagnosis, treatment plan, and prognosis.
Get help today. Call (800) 222-9529 for your free initial consultation with a member of our team.
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