Birth Injury Lawsuits Explained

Childbirth is a risky and stressful time, but families expect their medical professionals and doctors to provide a high level of medical care. When they do not, birth injuries can be devastating to families.

If you suspect that your child has suffered a preventable birth injury due to medical negligence then contact a birth trauma lawyer for help. A reputable lawyer will review your case for free and charge no upfront costs. To prove your claim, you must prove the four elements.

Duty of Care

Few events in life are more memorable and special than the birth of a baby. However, the birth process can be traumatic for parents who have medical mistakes cause serious injuries to the baby during the labor and delivery. These errors can be irreparable and force a family to endure a lifetime of difficulties.

Medical professionals and doctors have a legal obligation to treat their patients with the same level of care and competence that is expected from health professionals of similar professions in similar situations. This is known as the duty of care. You must demonstrate that a medical professional breached this duty to be able to win a case. This usually involves demonstrating how the medical professional's actions, or their lack thereof, were different from what a qualified and properly trained medical professional would have done in the same circumstances.

The second part of a negligence claim is causation. You must prove with medical records and testimony from an expert that the healthcare professional in question's breach of duty caused your child's injuries. For instance, a healthcare professional may not have observed your child's vital signs during labor and delivery. This could have caused brain damage due to prolonged oxygen deprivation.

The final element of a successful negligence claim is damages. You must prove that either you or your child suffered real and quantifiable loss as a result of the healthcare professional's failure in their duty of care. This includes future and past medical expenses such as lost wages, as well as other damages like pain and discomfort.

Causation

Medical professionals have a responsibility to patients to provide treatment in line with the highest standards of care in their field. If a nurse or doctor fails to meet the standard of care, it may cause an injury to the patient, and lead to a claim for damages. In order to succeed in a case involving birth injuries, a lawyer will need to prove that the breach in duty caused your child's injury. This must be proved with evidence such as medical documents or expert testimony.

It is also essential to prove that your child would not have suffered an injury even if a medical professional given the level of treatment expected. Medical experts are required to examine the situation to determine if a doctor or hospital behaved in a manner that was not in accordance with the accepted medical standards.

Birth injuries can cause life-altering effects that require the use of a lifetime of medical treatment and other costs. It is important to hold the at-fault doctors and hospitals accountable for their actions and seek compensation that will pay for your child's future requirements.

A lawyer who has dealt with medical malpractice cases can handle the entire legal process, including responding to insurance inquiries and bringing a lawsuit against the accountable parties. They can also develop a case with the help of evidence, obtain expert testimony, locate documents and medical records, and fight for fair settlements that cover the family's life-long care costs and losses.

Damages

A birth injury lawsuit requires the expertise of medical experts who will examine medical records, testimonies from you and your family and other evidence. They will establish that the doctor in your case has violated their duty of care and caused injuries to your child. They will then calculate the damage you've sustained as a result of these injuries. Included are your future and current medical expenses and lost wages, as well as loss of quality of life emotional distress, and other losses.

It can be devastating for your family if doctors, nurses and other medical personnel make errors that could have been avoided prior to or during the birth of your child. It can be also difficult to pursue legal action against hospitals and doctors who may have committed negligence or malpractice. They have lawyers on staff who work full-time for them to protect their clients, Birth Injury Lawsuits deny claims or decrease settlements.

Medical professionals can be held responsible for their actions by hiring an New York birth injuries lawyer. Your lawyer will contact the insurers and file a claim in court, and create a strong argument based on evidence to establish the responsibility. They will also advocate for you to get an equitable jury verdict or settlement for your damages and costs over the course of your life. They can also submit your lawsuit on time to comply with any applicable statute of limitations, as the clock begins to tick from the date of the medical negligence or malpractice.

Statute of limitations

Four components are essential for a successful claim for compensation if birth injuries occur. Your lawyer can explain each element and build a strong legal argument in support of your claim.

Medical negligence claims require 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. To prove a claim it is also necessary to prove causation which means that your child's injuries could not have occurred without the actions of the defendant (or the failure to act).

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

You'll need medical records, as well as other evidence along with an explanation of what was wrong with the birth of your child. You'll also have to submit an demand package that contains a list of the individuals you consider to be defendants. A skilled attorney can assist you in identifying proper defendants and make sure there is sufficient insurance coverage. Lawyers can also help in advancing costs related to litigation like the cost of highly qualified medical experts. This helps to alleviate some of the financial stress associated with litigating a birth-related injury claim.