Birth Injury Lawsuits Explained

The birth of a child is a potentially dangerous and stressful event, but families expect their medical professionals and doctors to uphold a high standard of care. If they fail to do so, birth injuries can be devastating to families.

If you suspect your child was born with a preventable injury as a result of medical malpractice or birth injuries, you should contact a birth injury law firm injury lawyer to get help. Professionals with a good reputation will assess your case and not charge any upfront costs. A successful claim will require proving the four elements of your case.

Duty of Care

birth injury law firm of a baby is one of the most joyous and special events in a person's life. However, the birth process can be traumatic for some parents if medical errors result in serious injuries to the baby during the labor and delivery. These mistakes could be irreparable which can cause a lifetime of challenges for families.

Doctors and other medical professionals are required by law to treat patients with the respect and expertise that is expected of health professionals in their field in similar situations. This is called the duty of care. To prevail in a lawsuit against a healthcare provider at fault, you must prove that the medical professional violated this duty. 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 do under similar circumstances.

The third element of a negligence claim is causation. You must prove via medical records and evidence from an expert that the healthcare provider who was at fault's negligence caused your child's injuries. For example, a doctor might have not been able to keep track of your child's vital signs during labor and delivery. This could have caused brain damage due to the prolonged oxygen deprivation.

The final aspect of a successful negligence claim is proving damages. You have to prove that you and/or your child suffered actual and quantifiable loss as a result of the healthcare professional's incompetence in their duty to care. This includes future and past medical costs, lost wages, and non-economic losses like pain and discomfort.

Causation

Medical professionals have a responsibility to patients to provide treatment consistent with the standard of care in their specialization. A doctor or nurse who does not meet the standard of care may cause injuries to patients, and result in a claim for damages. In order to win a case involving birth injuries, a lawyer will need to prove the breach in duty caused the injury to your child. This can be proved with evidence like medical records and expert testimony.

It is also crucial to establish that your child wouldn't be injured if a medical professional had been able to provide the level of care that is expected. Medical experts are called to look into the matter and provide an opinion on whether the hospital or doctor performed a procedure that was not in accordance with accepted medical practices.

Birth injuries can cause life-altering impacts that require the need for a lifetime of medical care and other costs. It is essential to hold at-fault doctors and hospitals accountable for their actions and seek compensation that will provide for your child's future requirements.

A lawyer who has handled medical malpractice cases has the ability to manage the entire legal process including responding to insurance requests and filing a suit against the accountable parties. They can also create an evidence-based case and secure expert testimony, locate medical records and other documents, and fight for a fair settlement that covers the loss of your family as well as lifelong care costs.

Damages

Medical experts are required to review medical records, evidence from you and your family members and other evidence in a birth injury lawsuit. They will assist you in proving that the hospital or doctor involved in your case violated their duty of care and caused your child to suffer injuries. Then, they will determine the amount of damage you have suffered because of those injuries. Included are your future and current medical costs in addition to lost wages, loss of quality of your life, emotional distress and other losses.

It can be a devastating experience for your family members when doctors, nurses and other medical staff commit preventable mistakes before, during or after the birth your child. It isn't always easy to bring legal action against doctors and hospitals who may have acted negligently or in a negligent manner. They typically have their own teams of lawyers who are full-time employed to protect their clients and deny claims or reduce settlement amounts.

You can hold medical professionals accountable for their actions by hiring a New York birth injuries lawyer. Your lawyer will contact the insurers, file a claim in court and construct a solid evidence-based case to establish the responsibility. They will also fight for you to get an equitable jury verdict or settlement for your losses and expenses over your entire life. They may also bring a lawsuit within the timeframe for any applicable statute of limitation in the event that the clock begins to tick from the date the malpractice or medical error occurred.

Statute of limitations

Four factors are essential to be successful in claiming for compensation if a birth injury occurs. Your lawyer can help you understand the factors and craft a solid legal argument in support of your claim.

Medical negligence claims are based on being able to prove that the defendant owed you an obligation 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 essential that you prove causation, which means that your child's injuries would not have happened if not for the actions of the defendant (or negligence).

Defendants can challenge each of these elements. They can argue that they don't have a doctor-patient relationship or that the standard of care you provide is different from what you claim it to be. Additionally, they could contest your evidence and expert witnesses' opinions.

You'll need to submit medical records, any other documentation, as well as an explanation of what was wrong with the birth of your child. Also, you'll need to submit an application package that includes an inventory of all the parties you believe should be named as defendants. A skilled attorney can assist you in identifying proper defendants and make sure they have adequate insurance coverage. A lawyer can assist you in advancing costs related to litigation, including the fees of highly experienced medical experts. This can help ease some of the financial stress that comes when litigating a birth injury claim.