Birth Injury Lawsuits Explained

Birth is a dangerous and stressful event, 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're not treated appropriately.

Contact a grand rapids birth injury attorney injury attorney for help in the event that you suspect your child suffered an injury that could be prevented at birth as a result of medical malpractice. 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

The birth of a child is one of the most joyful and significant events in a person's life. Unfortunately, this birthing process can be traumatic for parents if medical blunders cause severe injuries to their baby during birth and labor. These mistakes can be irreparable, creating many challenges for the entire family.

Doctors and medical professionals have an obligation under law to treat their patients with the same respect and skill that is expected from health professionals of similar professions in similar situations. This is referred to as the duty of care. To win a claim against a healthcare provider who is at fault, you must prove that the medical professional breached this obligation. This usually involves demonstrating that the medical professional's actions or failure to act was different from what a reasonably trained and competent medical professional would have done under similar circumstances.

The second aspect in a negligence case is causation. You must prove, using medical documents and expert testimony that the at-fault provider's breach of duty caused your child's injury. A doctor, for instance could not have observed the vitals of your child during labor and birth. This could have led to brain damage due to the prolonged oxygen deprivation.

The final component of a successful negligence case is damages. You must prove that you and your child have suffered tangible financial losses that resulted from the healthcare professional's inability to meet their obligation of care. This usually includes future and past medical expenses, lost wages and non-economic losses like suffering and pain.

Causation

Medical professionals are required to patients to provide treatment consistent with the standards of medical care in their field of. A doctor or nurse who fails to adhere to the standards of care can cause injuries to a patient and result in the possibility of a claim for damages. To be successful in a case that involves birth injuries, an attorney will need to prove that the breach of duty was responsible for the injury to your child. This can be proved with evidence like medical documents and expert testimony.

It is also important to establish that your child would not have suffered the injury in the event that the medical professional performed the required standard of treatment. Medical experts are called to look into the matter and provide an opinion as to whether or not the doctor or hospital was acting in a manner that was not in accordance with the accepted medical practice.

Birth injuries can cause a lot of trauma and require medical treatment for a lifetime. It is essential to make hospitals and doctors accountable for their mistakes, and receive compensation to help pay for the future needs of your child.

A lawyer who has dealt with medical malpractice cases can handle the entire legal process including responding to insurance requests and bringing a lawsuit against the responsible parties. They can also build a case based on evidence, secure expert testimony, retrieve documents and medical records, and fight for fair settlements to cover family's life-long care costs and expenses.

Damages

A birth injury lawsuit requires the expertise of medical experts who review medical records, testimony from your family and you, and other evidence. They will help establish that the doctor who is involved in your case has violated their duty of take care of your child and caused harm to your child. Then, they'll calculate the damages you have suffered as a result of those injuries. Included are your current and future medical expenses as well as lost wages, loss of quality of your life emotional distress and other losses.

It can be a devastating experience for your family if doctors, nurses and other medical staff commit preventable mistakes before or during the birth of your child. It can also be difficult to pursue legal action against the hospitals and doctors who may have committed malpractice or negligence. They often have their own legal teams working full-time to protect their clients and deny claims or reduce settlement amounts.

By hiring an New York birth injury lawyer to represent you, you can hold medical professionals who are at fault accountable. Your attorney will handle communications with insurers and file your claim in court, and construct an evidence-based argument to prove liability. They will also work to secure you an equitable settlement or jury verdict for your losses and life-long cost of care. They can also bring your case in time to be in compliance 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 factors are essential for a successful claim for compensation when birth injuries occur. Your lawyer can explain the components and build a strong legal case in support of your claim.

Medical negligence claims require you to demonstrate that the defendant was under a duty of caring towards your child, and that he breached that duty, and that this breach led to the injuries to your child. To be successful in a claim it is essential that you establish causation, which means that your child's injuries would not have happened if not for the actions of the defendant (or negligence).

Defendants may challenge any of these elements. They can argue that they don't have a doctor-patient relationship, birth injury lawyer or that the standard of care you provide is different from what you declare it to be. They can also challenge your evidence as well as your expert witnesses' opinions.

To prove a breach of duty, you'll need to provide medical records as well as other documentation and a written statement that explains what went wrong with the birth of your child. Additionally, you'll need to file an application package that includes an outline of the individuals you consider to be defendants. An experienced attorney will assist you in identifying the most appropriate defendants and ensure there is enough insurance coverage. A lawyer can also help in advancing costs related to litigation, such as fees for highly qualified medical experts. This helps ease some of the financial stress associated with litigating a birth-related injury claim.