Birth Injury Lawsuits Explained

Families expect that their doctors and other medical professionals will provide a high standard of care. Birth injuries can be devastating for families if not treated appropriately.

Contact a birth injury lawyer to get help in the event that you suspect your child has suffered an injury that could have been avoided at birth as a result of medical malpractice. Professionals with a good reputation will assess your case with no upfront costs. A successful claim requires proving the four elements of your case.

Duty of Care

Birth of a baby is one of the most exciting and memorable moments in the life of a person. Unfortunately, the process can be traumatic for some parents if medical errors result in serious injuries to the baby during labor and delivery. These errors can be irreparable and make a family be faced with a series of challenges for the rest of their lives.

Medical professionals and doctors are under the legal obligation of treating their patients with the same respect and expertise that is expected from health care providers in similar professions in similar circumstances. This is referred to as the duty of care. In order to win a case against a healthcare provider who is at fault you must prove that the medical professional breached this duty. This usually means proving how the medical professional's actions, or their lack thereof, were different from what a qualified and competent medical professional would do in the same circumstances.

The second aspect in a negligence lawsuit is the causation. You must prove through medical records and testimony from an expert that the healthcare professional at fault's breach of duty caused your child's injuries. For example, a doctor may not have observed your child's vital signs during labor and delivery. This could have resulted in brain damage due to prolonged oxygen deprivation.

Damages are the last aspect in the case of a successful negligence claim. You must prove that you and your child have suffered significant financial losses, which are quantifiable, resulting from the at-fault healthcare professional's failure to meet their duty of care. This usually includes future and past medical expenses, lost wages, and other non-economic losses such as suffering and pain.

Causation

Medical professionals have a duty to their patients to offer care that is in accordance with standards in their area of expertise. A doctor or nurse who fails to adhere to the standard of care may cause injuries to a patient and result in claims for damages. In order to succeed in a case involving birth injuries, a lawyer will need to prove that the breach of duty caused your child's injury. This has to be proven by evidence such as medical documents or expert testimony.

It is also important to prove that your child wouldn't have suffered the injury in the event that the medical professional met the expected standard of treatment. Medical experts are called to look into the matter and provide their opinion on whether or not the hospital or doctor acted in a way that was inconsistent with accepted medical practices.

Birth injuries can cause life-altering effects that require the use of a lifetime of medical treatment and other expenses. It is important to hold at-fault physicians and hospitals accountable for their actions and seek compensation to help ensure your child's future needs.

A lawyer who has handled medical malpractice cases is able to handle the entire legal process including responding to insurance requests and filing a lawsuit against the accountable parties. They can also construct a case using evidence, get expert testimony, retrieve documents and medical records and negotiate fair settlements to cover family's lifetime medical costs and losses.

Damages

A birth injury lawsuit requires the expertise of medical experts who will review medical records, birth injury testimony from your family and you, and other evidence. They will help you prove that the hospital or doctor involved in your case violated their duty of care and caused injuries to your child. Then, they'll calculate the damages you have suffered because of those injuries. These include your future and current medical expenses as well as the loss of income, the loss of quality of life, emotional distress and other losses.

It can be devastating for your family when doctors, nurses and other medical staff make inexcusable mistakes prior to or after the birth of your child. It can also be difficult to initiate legal action against the hospitals and doctors who may have acted negligently or erroneously. They typically have their own legal teams who are on call 24/7 to protect their clients and deny claims, or reduce settlement amounts.

If you hire a New York birth injury lawyer who can hold the medical professionals at fault accountable. The lawyer will handle all communications with insurance companies, submit your claim to court, and develop solid evidence-based arguments to establish responsibility. They will also advocate for you to secure an equitable jury verdict, or settlement for your losses as well as care costs over the course of your life. They can also make your claim in time to comply with any applicable statute of limitations, as the clock begins ticking off from the date of the malpractice or medical negligence.

Statute of Limitations

A successful claim for compensation in a birth injury lawsuit requires four components. Your lawyer can explain each one and develop a solid legal argument in support of your claim.

Medical negligence claims require proving that the defendant owed you an obligation of care, that the defendant breached this duty and that the breach directly resulted in the injuries to your child. To be successful in a claim it is essential to prove causation which means that your child's injuries would not have happened if not for the actions of the defendant (or the failure to act).

The defendants have the option of challenging any of these elements. They can argue that there is no doctor-patient relationship or that the standard care is not what you claim it is. They can also challenge your evidence or expert witnesses or their opinions.

To prove that you have breached your duty, you'll need submit medical records as well as other documentation along with a statement that describes what went wrong with the birth of your child. You will also need to provide a demand package that contains the names of all individuals you believe should be named defendants. An experienced lawyer can help to identify the proper defendants and ensure you have adequate insurance coverage. Lawyers can also help with advancing litigation-related expenses including the costs for birth injury highly qualified medical experts. This can help to reduce some of the financial burden associated with litigating claims for birth injuries.