Birth Injury Lawsuits Explained

Families expect that their medical doctors and other professionals will maintain a high level of care. If they don't, birth injuries can be devastating to families.

Contact a birth injury lawyer for help in the event that you suspect your child has suffered a preventable injury at birth due to medical malpractice. Reputable attorneys will evaluate your case with no upfront costs. A successful claim will require proving the four elements of your case.

Duty of Care

Few events in life are more joyful and memorable than the birth of a child. However, the birth injury law firms process can be traumatic for parents if medical mistakes cause serious injuries to the baby during labor and delivery. These mistakes can be irreversible and cause a family to be faced with a series of challenges for the rest of their lives.

Medical professionals and doctors have an obligation under law to treat their patients with the same level of care and expertise that is expected from health care providers in similar professions under similar circumstances. This is known as the duty of care. To prevail in a lawsuit against a healthcare provider who is at fault you must show that the medical professional violated this duty. This usually involves demonstrating how the medical professional's actions or their lack thereof, were different from what a qualified and appropriately trained medical professional would do under similar circumstances.

The third element in a negligence lawsuit is causation. You must establish through medical records and testimony from an expert that the healthcare provider responsible for the breach of duty caused your child's injuries. For instance, birth injury lawyer a doctor may not have observed your child's vital indicators during labor and birth. This could have resulted in brain damage due to prolonged oxygen deprivation.

The final aspect of a successful negligence case is damages. You must prove that you and/or your child suffered real significant, quantifiable damages as a result of the healthcare professional's failure when it came to their duty of care. This includes past and future medical expenses and lost wages and non-economic losses such as pain and discomfort.

Causation

Medical professionals have a responsibility to their patients to provide care that is in accordance with standards in their area of expertise. If a physician or nurse is not able to meet this standard of care, they could cause an injury to the patient and result in an action for damages. To win a case of birth injury the attorney must show that the breach of duty directly caused your child's injuries. This must be proved with evidence, such as medical records or expert testimony.

It is also essential to establish that your child would not have suffered the injury even if the medical professional adhered to the standard of treatment. Medical experts are obligated to look into the matter and offer their opinions regarding whether or not the hospital or doctor acted in a way that was inconsistent with accepted medical procedures.

Birth injuries can have life-altering consequences that require the need for a lifetime of medical care and other expenses. It is crucial to hold hospitals and doctors accountable for their mistakes, and receive compensation to help pay for the future needs of your child.

A lawyer who has handled medical malpractice cases can manage the entire legal process including responding to insurance inquiries and filing a suit against the responsible parties. They can also construct an evidence-based case, secure expert testimony, retrieve medical records and other records and seek a fair settlement that covers the losses of your family and continue to pay for costs of care.

Damages

Medical experts are required to review medical records, witness statements 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 harmed your child. They will then calculate the amount of damage you've sustained as a result of these injuries. Included are your present and future medical expenses in addition to lost wages, loss in quality of life, emotional distress and other losses.

It can be devastating for your family when doctors, nurses and other medical professionals make errors that could have been avoided prior to, during or after the birth your child. It can also be difficult to bring legal action against the hospitals and doctors who could have acted negligently or erroneously. They have teams of lawyers who are employed full-time to protect their clients, deny claims or limit settlements.

When you employ an New York birth injury lawyer and appointing medical professionals who are at fault accountable. The lawyer will handle all communications with insurers, present your claim in court, and develop solid evidence-based arguments to establish liability. They will also work to secure you a fair settlement or jury verdict to cover your losses and future healthcare costs. They will also submit your lawsuit on time to be in compliance with any applicable time limit, as the clock begins ticking off from the date of the malpractice or medical negligence.

Statute of limitations

Four essential elements are required to be successful in claiming for compensation when a birth injury occurs. Your attorney can help you understand the various elements and develop a strong legal case to support your claim.

Medical negligence claims rely on showing that the defendant owed you an obligation of care and that the defendant violated this obligation and that the breach directly caused the injuries to your child. To prove a claim it is crucial 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 failure to act).

Defendants may challenge any of these elements. They can argue that they haven't established a doctor-patient connection or that the standard of care is different from what you believe it to be. They may also challenge your evidence or the opinions of your expert witnesses.

To prove breach of duty, you'll have to provide medical records and other documents as well as a written statement that explains what went wrong with your child's birth. You'll also have to submit an demand package which contains the names of all individuals you consider to be defendants. An experienced lawyer can help to identify the proper defendants and make sure there's sufficient insurance coverage. A lawyer can assist with litigation-related costs, such as the fees of highly qualified medical experts. This helps to alleviate some of the financial burden that comes when litigating a birth injury claim.