Birth Injury Lawsuits Explained

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

Contact a birth injury lawyer to seek assistance when you suspect that your child suffered an injury that could have been prevented at birth due to medical negligence. Professionals with a good reputation will assess your case for free and charge no upfront costs. A successful claim requires proving the four elements of your case.

Duty of Care

The birth of a baby can be one of the most joyous and special events in the life of a person. Unfortunately, this process can become traumatic for parents if medical blunders result in serious injuries to their infant during birth injury law firm and labor. These errors could be irreparable which can cause a lifetime of challenges for a family.

Doctors and other medical professionals are legally bound to treat patients with the respect and competence that is expected of health care providers in their field under similar circumstances. This is known as the duty of care. You must prove that a medical professional acted in violation of this duty to win an action. This usually means proving how the medical professional's actions, or absence of actions, differed from what a competent and properly trained medical professional would do in the same circumstances.

The second element of a negligence claim is the causation. You must prove, using medical records and expert testimony, that the at-fault healthcare professional's negligence led to your child's injury. For instance, a physician might not have been able to observe your child's vital indicators during labor and birth. This could have caused brain damage due to prolonged oxygen deprivation.

Damages are a crucial element in the case of a successful negligence claim. You must prove that you or your child suffered actual significant, quantifiable damages as a result of the healthcare professional's failure to perform their duty of care. This usually includes future and past medical expenses, lost wages and non-economic losses like suffering and pain.

Causation

Medical professionals have a responsibility to their patients to offer care that is in line with standards in their field. If a medical professional or nurse fails to meet the standard of care, it may cause an injury to the patient, and lead to a claim for damages. In order to win a case involving birth injuries, an attorney must prove that the breach of duty led to the injury to your child. This must be proved with evidence, such as medical documents or expert testimony.

It is also essential to prove that your child would not have suffered a traumatic injury in the event that a medical professional provided the standard of treatment expected. Medical experts are expected to examine the case and offer their opinions regarding whether or not the doctor or hospital was acting in a manner that was inconsistent with accepted medical procedures.

Birth injuries can cause a lot of trauma and require medical attention for a lifetime. It is vital that you hold hospitals and doctors accountable for their negligence, and receive compensation to cover the future needs of your child.

A lawyer experienced in handling medical malpractice cases can oversee the entire legal process for you, from responding to insurance requests and bringing an action against the responsible parties. They can also construct an argument based on evidence, secure expert testimony, retrieve documents and medical records, and fight for fair settlements that cover the family's lifetime medical costs and losses.

Damages

Medical experts are needed to review medical records, the testimony of you and your family members, and other evidence in the birth injury lawsuit. They will prove that the doctor involved in your case has not complied with their duty to take care of your child and caused harm to your child. They will also estimate the damage you have suffered as a result of these injuries. This includes your current and future medical expenses, loss of wages, loss of quality of life, emotional distress and many other losses.

It can be devastating for your family if nurses, doctors and other medical staff make inexcusable mistakes prior to or after the birth your child. It isn't easy to bring legal action against doctors and hospitals who have committed malpractice or negligence. They often have their own teams of lawyers who are full-time employed to protect their clients and defend against claims or reduce settlement amounts.

You can hold medical professionals accountable for their actions by hiring an New York birth injuries lawyer. The lawyer will negotiate with the insurance companies and then file a claim in court, and create a strong evidence-based case to establish liability. They will also fight for you to get an equitable jury verdict or settlement for your damages and costs over the course of your lifetime. They may also file a lawsuit in time for any applicable statute of limitation when the clock begins to tick from the time the malpractice or medical error occurred.

Statute of Limitations

A successful claim for compensation in a birth injury lawsuit includes four parts. Your attorney can explain the factors and craft a solid legal argument in support of your claim.

Medical negligence claims require you to prove that the defendant had a duty of caring towards your child, and that he breached that duty, and that the breach caused the injuries to your child. It is essential to prove causation in order to prevail in an action. This means that the defendant's actions or omission to act caused the injuries to your child.

The defendants have the option of challenging any of these elements. They may claim that there isn't a doctor-patient relationship or that standard of care isn't what you claim it to be. They can also challenge your evidence or the opinions of your expert witnesses.

To prove breach of duty, you'll need to provide medical records as well as other documentation, lawyers and provide a statement that describes what went wrong in your child's birth. You'll also need to submit a demand package with a list of all parties you think should be named as defendants. A skilled attorney can assist you in identifying correct defendants and make sure that they have adequate insurance coverage. A lawyer can also assist with the advancement of litigation-related costs such as the cost of highly qualified medical experts. This can help ease some of the financial strain associated when litigating a birth injury claim.