Birth Injury Lawsuits Explained

Families are conditioned to believe that their doctors and other medical professionals will maintain a high level of care. Birth injuries can be devastating for families if they're not treated properly.

If you suspect your child suffered a birth injury due to medical negligence, contact a birth injury lawyer to get help. Reputable lawyers will evaluate your case for free and will not charge upfront fees. A successful claim is based on the evidence of the four elements of your case.

Duty of Care

The birth of a baby is one of the most joyous and memorable moments in the lives of any person. Unfortunately, the process can be traumatic for parents who have medical errors cause serious injuries to the baby during labor and delivery. These mistakes can be irreparable, creating the possibility of a lifetime of difficulties for families.

Medical professionals and doctors have a legal obligation to treat their patients with the same care and expertise that is expected from health care professionals of similar professions under similar circumstances. This is called the duty of care. You must prove that a medical professional acted in violation of this duty to settle an action. This typically involves proving that the medical professional's actions or failure to act was different from what a reasonably educated and competent medical professional would have done in the same circumstances.

The second aspect in a negligence lawsuit is the cause. You must prove through medical records and testimony from an expert that the healthcare provider at fault's breach of duty led to your child's injuries. For example, a doctor may not have observed your child's vital signs during labor and delivery. This could have led to brain damage due to prolonged oxygen deprivation.

Damages are the last component in a successful negligence case. You must prove that either you or your child suffered genuine and quantifiable loss as a result of the healthcare professional's incompetence when it came to their duty of care. This usually includes future and past medical expenses, lost wages, and other non-economic losses such as suffering and pain.

Causation

Medical professionals have a duty to their patients to provide treatment that is consistent with the standards in their field. A doctor or nurse who does not meet the standard of care may cause injury to a patient, and could result in a claim for damages. To succeed in a birth injury case an attorney must demonstrate that the breach of duty directly led to your child's injuries. This must be proven with evidence like medical documents and expert testimony.

It is also crucial to prove that your child wouldn't be injured when a medical professional performed the care that is expected. Medical experts are called to examine the case and offer their opinions as to whether or not the hospital or doctor acted in a way that was not in accordance with accepted medical procedures.

Birth injuries can have life-altering consequences that require the use of a lifetime of medical treatment and other costs. It is essential to hold doctors and hospitals accountable for their negligence and seek compensation to help pay for the future needs of your child.

A lawyer who has handled medical malpractice cases is able to manage the entire legal process, including responding to insurance inquiries and birth injury bringing a lawsuit against the parties responsible. They can also build a case using evidence, get expert testimony, locate medical records and documents and advocate for fair settlements to pay for the family's lifetime care costs and expenses.

Damages

A birth injury lawsuit requires the expertise of medical experts who review medical records, testimony from you and your family, and other evidence. They will determine if the doctor in your case has violated their duty of care for your child and causing injuries to your child. They will then determine the amount of damage you have suffered due to those injuries. This includes your future and current medical expenses, the loss of income, the loss of quality of life, emotional distress and other losses.

When doctors, nurses, and other medical personnel make preventable errors before or during the birth of your child, it could cause devastating harm to your family. It can be also difficult to initiate legal action against the hospitals and doctors who may have committed negligence or malpractice. They often have their own legal teams who are full-time employed to protect their clients and deny claims, or reduce settlement amounts.

If you hire an New York birth injury lawyer who can hold the medical professionals at fault accountable. Your lawyer will be in contact with the insurance companies and file a claim with the court and build a solid proof-based case to prove the liability. They will also fight for you to get an equitable jury verdict or settlement for your damages and costs over your entire life. They will also file your lawsuit in time to meet any applicable time limit, as the clock begins to tick from the date of the malpractice or medical negligence.

Statute of limitations

A successful claim for compensation in a birth injury case requires four components. Your lawyer can help you understand the various elements and develop a solid legal argument in support of your claim.

Medical negligence claims depend on proving that the defendant owed you a duty of care, that the defendant breached this obligation and that the breach directly caused the injuries to your child. In order for a claim to be successful it is essential that you prove causation, which means that the injuries suffered by your child would not have happened if not for the actions of the defendant (or inaction).

The defendants have the option of challenging each of these elements. They may argue that you don't have a doctor-patient relationship or that the standards of care are different from what you declare it to be. They can also challenge your evidence or the opinions of your expert witnesses.

To prove that you have breached your duty, you'll need submit medical records as well as other documentation along with a statement that describes what went wrong in the birth injury attorneys of your child. You'll also have to provide a demand package, which includes the names of the people you consider to be defendants. An experienced attorney will assist you in identifying the right defendants and ensure that they have adequate insurance coverage. Lawyers can also help with the advancement of litigation-related costs such as the cost of highly qualified medical experts. This can help to reduce some of the financial burden that comes with pursuing a claim for birth injury.