Birth Injury Lawsuits Explained

The birth of a child is a potentially dangerous and stressful experience, but families expect their medical professionals and doctors to adhere to a high standard of medical care. Birth injuries can be devastating for families when they are not treated appropriately.

Contact a birth injury lawyer for assistance in the event that you suspect your child has suffered an injury that could be prevented at birth due to medical malpractice. The most reputable lawyers will review your case with no upfront costs. In order to prove your claim, you must prove the four elements.

Duty of Care

The birth of a baby is one of the most exciting and significant events in a person's life. Unfortunately, the process can be traumatic for parents when medical mistakes cause serious injuries to the baby during labor or delivery. These mistakes can be irreversible and cause a family endure a lifetime of difficulties.

Medical professionals and doctors have the legal obligation of treating their patients with the same respect and expertise that they expect from health care providers of similar professions in similar situations. This is known as the duty of care. In order to win a case against an at-fault healthcare provider you must show that the medical professional breached this duty. This typically involves proving that the medical professional's actions or failure to act was in violation of what a reasonably trained and competent medical professional would have done under the same circumstances.

The third element of a negligence claim is the causation. You must show, via medical records and expert testimony, that the at-fault healthcare professional's breach of duty caused the injury to your child. For instance, a doctor might have not been able to keep track of your child's vital indicators during labor and birth injury law firm. This could have led to prolonged oxygen deprivation which then led to brain damage.

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

Causation

Medical professionals are required to their patients to provide them with care that is in line with standards of their area of expertise. A nurse or doctor who does not meet the standards of care can cause injury to a patient, and lead to an action for damages. To prevail in a birth injury lawsuit the attorney must show that the breach of duty directly led to your child's injuries. This has to be proved by evidence such as medical records and expert testimony.

It is also crucial to prove that your child would not have suffered a traumatic injury when a medical professional been able to provide the level of care that is expected. Medical experts are obligated to review the case and offer their opinions on whether the hospital or doctor acted in a way that was incompatible with the accepted medical practice.

Birth injuries can have life-altering effects that need the need for a lifetime of medical care and other expenses. It is important to hold at-fault doctors as well as hospitals responsible for their actions and seek compensation to ensure your child's future needs.

A lawyer who is experienced in handling medical malpractice cases will manage the entire legal process for you, from responding to insurer requests and bringing a lawsuit against the responsible parties. They can also create an evidence-based case and get expert testimony, birth injury lawsuit retrieve medical records and other documents and seek a fair settlement to cover your family's losses and lifetime costs of care.

Damages

A birth injury lawsuit requires the expertise of medical experts who will examine medical records, evidence from you and your family and other evidence. They will prove that the doctor who is involved in your case violated their duty to provide care and harmed your child. They will then determine the damage you've sustained as a result of these injuries. Included are your future and current medical costs as well as lost wages, diminished quality of life emotional distress and other losses.

It can be devastating for your family when doctors, nurses and other medical staff commit errors that could have been avoided prior to or during the birth of your child. It isn't always easy to bring legal action against doctors and hospitals that may have committed negligence or malpractice. They have teams of lawyers who work full-time to protect their clients, deny claims or decrease settlements.

When you employ a New York birth injury lawyer who can hold the at-fault medical professionals accountable. Your lawyer will communicate with the insurance companies and file a claim with the court and construct a solid evidence-based case for establishing the responsibility. They will also try to secure you an acceptable settlement or jury verdict for your losses and life-long expenses for medical care. They can also bring your case in time to comply with any applicable deadlines, since the clock starts ticking on the date of the malpractice or medical negligence.

Statute of Limitations

A successful claim for compensation in a birth injury lawsuit involves four elements. Your lawyer can provide a detailed explanation of each element and formulate a convincing 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 and that the defendant violated this duty, and that the breach directly caused the injuries to your child. To be successful in a claim it is also necessary to prove causation which means that the injuries suffered by your child wouldn't have occurred but for the actions of the defendant (or the failure to act).

The defendants have the option of challenging each of these elements. They may argue that you haven't established a doctor-patient connection, or that the standards of care are different than what you assert it to be. They can challenge your evidence or the opinions of your expert witnesses.

You'll have to provide medical records, as well as other evidence and an account of what occurred during the birth of your child. You'll also need to submit the demand package, which includes a list of all parties you believe should be named as defendants. A knowledgeable attorney can assist you in identifying right defendants and ensure that there is adequate insurance coverage. Lawyers can also help with advancing litigation-related expenses, such as fees for highly qualified medical experts. This can ease some of the financial burden associated with litigating claims for birth injuries.