Birth Injury Lawsuits Explained

Families are conditioned to believe that their medical professionals and doctors will provide a high standard of care. If they fail to do so birth injuries can be catastrophic to families.

If you suspect your child was born with a preventable injury as a result of medical malpractice, contact a birth injury lawyer to get help. Reputable attorneys will evaluate your case with no upfront fees. A successful claim will require proving the four elements of your case.

Duty of Care

Few events in life are more exciting and special than the birth of a child. Unfortunately, the birth process can be traumatic for parents if medical errors cause serious injuries to their baby during the birth process and during labor. These errors could be irreparable and create an entire series of problems for the entire family.

Doctors and medical professionals have the legal obligation of treating their patients with the same care and expertise that is expected from health professionals of similar professions under similar circumstances. This is known as the duty of care. If you want to prevail against a healthcare provider who is at fault you must show that the medical professional violated this obligation. This usually means proving how the medical professional's actions, or their lack thereof, were different from what a competent and properly trained medical professional would perform under the same circumstances.

The second element in a negligence lawsuit is causation. You must establish, through medical records and expert testimony, that the at-fault healthcare provider's negligence caused your child's injury. A doctor, for instance might not have been able to monitor the vitals of your child during labor and delivery. This could have resulted in prolonged oxygen deprivation which then led to brain damage.

Damages are the final component in the case of a successful negligence claim. You must prove that you and your child suffered actual significant financial losses, which are quantifiable, resulting from the healthcare professional at fault's failure to perform their duty of care. This includes future and past medical costs and lost wages as well as other damages such as pain and discomfort.

Causation

Medical professionals owe a duty to patients to provide treatment that is in line with the standards of care in their specialization. A doctor or nurse who does not meet the standard of care can cause injuries to patients, and result in a claim for damages. To succeed in a birth injury case, an attorney must prove that the breach of duty directly caused your child's injuries. This has to be proven by evidence such as medical documents or expert testimony.

It is also crucial to prove that your child wouldn't have suffered an injury when a medical professional given the level of medical care expected. Medical experts are required to examine the case to determine if the physician or hospital acted in a way that was not in accordance with the accepted medical practice.

Birth injuries can be life-changing and require medical treatment for a lifetime. It is crucial to hold hospitals and doctors accountable for their negligence, and receive compensation to pay for the future needs of your child.

An experienced lawyer who has handled medical malpractice cases will manage the entire legal process for you, which includes responding to insurance requests and filing lawsuits against the responsible parties. They can also build an evidence-based case, secure expert testimony, obtain medical records along with other records, and fight for an appropriate settlement to cover the loss of your family as well as lifelong costs of care.

Damages

A birth injury lawsuit requires the expertise of medical experts who examine medical records, evidence from you and your family and other evidence. They will help you prove that the medical professional or Birth Injury hospital involved in your case breached their duty of care and harmed your child. They will then estimate the damages you've suffered because of these injuries. This includes your current and future medical expenses, lost wages, loss of quality of life, emotional distress, and other losses.

It can be devastating for your family when nurses, doctors and other medical staff commit preventable mistakes before, during or after the birth your child. It isn't easy to bring legal action against doctors and hospitals that have committed negligence or malpractice. They have lawyers on staff who work full-time to protect their clients, deny claims or reduce settlements.

By hiring an New York birth injury lawyer to represent you, you can hold medical professionals responsible for your injuries. Your lawyer will contact the insurance companies and then file a claim in court and build a solid argument based on evidence to establish liability. They will also work to secure you an appropriate settlement or jury verdict to cover your losses and future expenses for medical care. They may also file a lawsuit in time for any applicable statute of limitation in the event that the clock begins to tick from the date the medical malpractice or negligence occurred.

Statute of limitations

A successful claim for compensation in a birth injury case requires four components. Your attorney can explain each element and build a strong legal argument to support your claim.

Medical negligence claims are based on being able to prove that the defendant owed you the duty of care, birth injury that the defendant breached this obligation, and that the breach directly caused your child's injuries. In order for a claim to be successful it is crucial that you establish causation, which means that your child's injuries wouldn't have occurred but for the actions of the defendant (or inaction).

The defendants may contest any of these elements. They could argue that you aren't establishing a doctor-patient partnership, or that the standard of care you provide is different than what you assert it to be. Additionally, they may contest your evidence and expert witnesses' opinions.

You'll need to submit medical records, as well as other evidence in addition to an account of what was wrong with the birth injury lawyers of your child. Also, you'll need to submit a demand package with an outline of the people you think should be named as defendants. An experienced lawyer can help you establish the appropriate defendants and make sure there's sufficient insurance coverage. A lawyer can also help with advancing litigation-related expenses such as the cost of highly qualified medical experts. This can ease some of the financial stress associated with pursuing a claim for birth injury attorney injury.