Birth Injury Lawsuits Explained

Families are conditioned to believe that their doctors and other medical professionals will ensure a high standard of care. Birth injuries can be catastrophic for families when they're not treated properly.

If you suspect that your child suffered a preventable birth injury due to medical negligence and you suspect that your child suffered a birth injury, contact a lawyer for help. Reputable attorneys will evaluate your case and not charge any upfront fees. A successful claim requires proving the four elements of your case.

Duty of Care

Few things in life are more joyous and special than the birth of a child. Unfortunately, the process can be traumatic for some parents if medical mistakes cause serious injuries to the baby during labor and delivery. These errors can be irreversible which can cause many challenges for the family.

Doctors and other medical professionals are required by law to treat patients with the care and expertise that is expected of health professionals in their field under similar circumstances. This is referred to as the duty of care. If you want to prevail against an at-fault healthcare provider you must show that the medical professional violated this duty. This usually means proving that the medical professional's actions or their lack thereof, were different from what a qualified and properly trained medical professional would have done in similar circumstances.

The second part of a negligence claim is causation. You must prove via medical records and testimony from an expert that the healthcare provider responsible for the breach of duty led to your child's injuries. A doctor, for instance might not have supervised the vitals of your child during labor and delivery. This could have resulted in brain damage as a result of prolonged oxygen deprivation.

Damages are the final aspect in an effective negligence case. You must prove that you and/or your child experienced real, quantifiable losses as a result of the healthcare professional's negligence when it came to their duty of care. This includes past and future medical costs, lost wages, and also non-economic damages such as pain and discomfort.

Causation

Medical professionals owe a duty to patients to provide treatment consistent with the standard of care in their specialization. A nurse or doctor who fails to meet the standards of care can cause injuries to a patient and could result in an action for damages. In order to win the case of a birth injury, an attorney must prove that the breach of duty directly caused your child's injuries. This can be proven through evidence such as medical documents or expert testimony.

It is also necessary 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 asked to examine the situation to determine if the physician or hospital acted in a manner not in line with the accepted medical practice.

Birth injuries can cause life-altering impacts that require a lifetime of medical treatments and other costs. It is crucial to make hospitals and doctors accountable for their negligence and seek compensation to cover the future needs of your child.

A lawyer with experience in handling medical malpractice cases can handle the entire legal process for you, which includes responding to insurance requests and filing an action against the responsible parties. They can also construct a case with the help of evidence, obtain expert testimony, retrieve medical records and documents and negotiate fair settlements to cover family's lifetime medical costs and losses.

Damages

Medical experts are required to scrutinize medical records, witness statements from you and your family members and other evidence in a birth injury law firm injury lawsuit. They will prove that the doctor who is involved in your case has not complied with their duty to provide care and harmed your child. They will also estimate the damages you've suffered because of these injuries. These include the current and future medical expenses in addition to lost wages, loss of quality of life, emotional distress, and many other losses.

When doctors, nurses, and other medical professionals make preventable errors before, during, or after the birth of your child, it can result in devastating consequences for your family. It can be also difficult to take legal action against the hospital and doctors who might have committed malpractice or negligence. They have lawyers on staff who work full-time for them to protect their clients, denying claims or limit settlements.

When you employ a New York birth injury lawyer who can hold the medical professionals responsible for your injuries. Your lawyer will communicate with the insurers and file a claim with the court and birth injury construct a solid evidence-based case to establish liability. They will also fight for you to secure an equitable jury verdict or settlement for your losses and costs over your entire life. They can also bring your case in time to satisfy any applicable time limit, as the clock starts ticking on 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 of them and formulate a convincing legal argument to support your claim.

Medical negligence claims require that you demonstrate that the defendant was under a duty of caring towards your child, that the defendant violated that duty, birth injury and that his breach caused the injuries to your child. To prove a claim, it is also essential that you prove causation, which means that your child's injuries would not have occurred if it weren't for the defendant's actions (or failure to act).

The defendants can challenge any of these elements. They can argue that you haven't established a doctor-patient relationship, or that the standard of care you provide is different than what you assert it to be. They can also challenge your evidence and your expert witnesses' opinions.

You'll need medical records, any other documentation along with an account of what was wrong with the birth of your child. You'll also have to submit an order form with the names of all individuals you believe should be named as defendants. A knowledgeable attorney can help you identify the correct defendants and make sure that they have adequate insurance coverage. A lawyer can assist with costs associated with litigation, like the fees of highly experienced medical experts. This can help reduce some of the financial burden associated with litigating a claim for birth injury.