Birth Injury Lawsuits Explained

Birth is a dangerous and stressful experience, but families expect their doctors and other medical professionals to ensure a high quality of medical care. If they fail to do so, birth injuries can be catastrophic to families.

If you suspect your child was born with a preventable injury due to medical malpractice, contact a birth injury lawyer for help. A reputable lawyer will review your case free of charge and will not charge any upfront fees. In order to prove your claim, you must establish the four elements.

Duty of Care

Few life events are more memorable and special than the birth of a child. Unfortunately, this process can be stressful for parents if medical blunders result in serious injuries to their baby during labor and birth. These errors can be irreversible and create the possibility of a lifetime of difficulties for families.

Doctors and medical professionals have the legal obligation of treating their patients with the same care and expertise that is expected from health professionals of similar professions in similar situations. This is known as the duty of care. To prevail in a lawsuit against a healthcare provider at fault it is necessary to prove that the medical professional breached this obligation. This usually means proving that the medical professional's actions or failure to act was different from what a reasonably educated and competent medical professional would have done in the same circumstances.

The second element of a negligence claim is the causation. You must prove, through medical documents and expert testimony that the healthcare provider at fault's negligence caused the injury to your child. For instance, a healthcare professional may not have observed your child's vital signs during labor and delivery. This could have caused brain damage from prolonged oxygen deprivation.

The final component of a successful negligence claim is the amount of damages. You must prove that you and your child suffered, quantifiable financial losses resulting from the at-fault healthcare professional's inability to meet their obligation of care. This includes past and future medical expenses and lost wages and non-economic losses like pain and discomfort.

Causation

Medical professionals are required to their patients to provide them with care that is in accordance with standards in their field. If a doctor or nurse fails to meet the standard of care, they could cause injury to a patient, and lead to a claim for damages. To win the case of a birth injury, an attorney must prove that the breach of duty directly caused your child's injuries. This has to be proved by evidence like medical records and expert testimony.

It is also important to establish that your child would not have suffered the injury if the medical professional had performed the required standard of treatment. Medical experts are expected to look into the matter and provide their opinion on whether the doctor or hospital acted in a way that was incompatible with accepted medical practices.

Birth injuries can cause life-altering consequences that require the need for a lifetime of medical care and other costs. It is crucial to make hospitals and doctors accountable for their mistakes and birth injuries seek compensation to pay for the future needs of your child.

A lawyer experienced in handling medical malpractice cases can manage the entire legal process for you, from responding to insurance requests and filing a lawsuit against the responsible parties. They can also create an evidence-based case, secure expert testimony, locate medical records and other documents, and fight for an appropriate settlement to cover the losses of your family and continue to pay for expenses for medical care.

Damages

Medical experts are needed to scrutinize medical records, testimony from you and your family members, and other evidence in the birth injury lawsuit. They will assist you in proving that the medical professional or hospital involved in your case breached their duty of care and caused injuries to your child. They will then calculate the damage you've suffered because of these injuries. Included are your future and current medical costs and lost wages, as well as diminished quality of life, emotional distress and other losses.

If nurses, doctors, and other medical staff make mistakes that could be avoided prior to, during, or after the birth of your child, it could cause devastating harm to your family. It can be also difficult to bring legal action against the hospitals and doctors who may have committed malpractice or negligence. They often have their own teams of lawyers working full-time to protect clients and defend against claims or reduce settlement amounts.

If you hire a New York birth injury lawyer, you can hold medical professionals at fault accountable. Your lawyer will communicate with the insurers and then file a claim in court and develop a solid proof-based case to prove the liability. They will also fight for you to secure an equitable jury verdict, or settlement for your losses as well as care costs over your life. They may also bring a lawsuit within the timeframe for any applicable statute of limitations in the event that the clock begins to tick from the time the medical malpractice or negligence occurred.

Statute of Limitations

A successful claim for compensation in a birth injury case involves four elements. Your lawyer can explain the components and build an effective legal argument to support your claim.

Medical negligence claims require being able to prove that the defendant owed you an obligation of care, that the defendant breached this obligation, and that the breach directly led to your child's injuries. It is essential to prove causation to prevail in an action. This means that the defendant's actions or omission to act would not have resulted in the injury of your child.

The defendants may contest any of these elements. They may argue that there is no doctor-patient connection or that the standard of care is not what you claim it to be. Additionally, they could challenge your evidence and your expert witnesses or their opinions.

To prove a breach of duty, you'll have to submit medical records and other evidence and a written declaration of the circumstances that led to the birth of your child. Also, you'll need to submit an application package that includes a list of all individuals you believe should be named as defendants. An experienced lawyer can assist you establish the appropriate defendants and ensure there's adequate insurance coverage. A lawyer can also assist with the advancement of litigation-related costs, such as fees for highly qualified medical experts. This can ease some of the financial stress that comes with litigating an injury claim arising from birth.