Birth Injury Lawsuits Explained

Families are conditioned to believe that their medical doctors and other professionals will maintain a high level of care. When they do not birth injuries can be devastating for families.

If you suspect that your child suffered a birth injury due to medical negligence and you suspect that your child suffered a birth injury, contact a lawyer to get help. Professionals with a good reputation will assess your case for free and charge no upfront fees. A successful claim requires the proof of the four elements of your case.

Duty of Care

Few occasions in life are more joyous and special than the birth of a child. Unfortunately, the procedure can be very stressful for parents when medical errors cause serious injuries to the baby during labor and birth. These errors can be irreversible, creating a lifetime of challenges for a family.

Medical professionals and doctors are required by law to treat patients with the same care and skill that is normally expected of health professionals in their respective fields under similar circumstances. This is called the duty of care. In order to win a case against a healthcare provider who is at fault you must show that the medical professional violated this duty. This typically means proving that the medical professional's conduct or failure to act in a manner that was not consistent with what a reasonably trained and competent medical professional would have done under similar circumstances.

The second aspect of a negligence claim is the causation. You must prove, through medical documents and expert testimony that the at-fault healthcare professional's negligence caused your child's injury. For example, a doctor might have not been able to keep track of your child's vital signs during labor and delivery. This could have resulted in prolonged oxygen deprivation, which could have caused brain damage.

The final component of a successful negligence claim is the amount of damages. You must prove that you and/or your child suffered actual tangible, quantifiable losses as the result of the healthcare professional's negligence to perform their duty of care. This includes future and past medical costs in addition to lost wages, and also non-economic damages like discomfort and pain.

Causation

Medical professionals are obligated to patients to provide treatment consistent with the highest standards of care in their field. If a doctor or nurse is not able to meet this standard of care, it could result in injury to the patient, and lead to an action for damages. In order to win a case of birth injury an attorney must demonstrate that the breach of duty directly led to the injuries suffered by your child. This has to be proven by evidence, including medical records or expert testimony.

It is also essential to prove that your child would not have suffered the injury if the medical professional had performed the required standard of care. Medical experts are required to examine the case to determine if the doctor or hospital was acting in a manner that was not in line with the accepted medical standards.

Birth injuries can have life-altering effects that require the use of a lifetime of medical treatment and other costs. It is essential to make hospitals and doctors accountable for their mistakes, and receive compensation to pay for the future requirements of your child.

A lawyer who has handled medical malpractice cases has the ability to manage the entire legal process, including responding to insurance inquiries and filing a suit against the accountable parties. They can also create an argument using evidence, get expert testimony, locate medical records and documents and argue for fair settlements to cover the family's lifetime medical costs and losses.

Damages

Medical experts are needed to scrutinize medical records, Birth Injury lawyer testimony from you and your family members, and other evidence in the birth injury lawsuit. They will establish that the doctor involved in your case has not complied with their duty to care for your child and causing injuries to your child. They will then calculate the damages you have suffered because of those injuries. Included are your current and future medical expenses and lost wages, as well as loss of quality of life emotional distress, and other losses.

It can be a tragedy for your family when nurses, doctors and other medical personnel make preventable mistakes before, during or after the birth your child. It isn't always easy to bring legal action against hospitals and doctors that may have committed malpractice or negligence. They usually have their own teams of lawyers who are full-time employed to protect their clients and deny claims, or reduce settlement amounts.

If you hire a New York birth injury lawyer, you can hold medical professionals who are at fault accountable. The lawyer will negotiate with the insurance companies and file a claim with the court and construct a solid proof-based case to prove liability. They will also work to secure you an acceptable settlement or jury verdict for your losses and lifetime cost of care. They can also bring your case in time to satisfy any applicable deadlines, since the clock starts ticking on the date of the malpractice or medical negligence.

Statute of Limitations

Four essential elements are required to make a successful claim for compensation if a birth injury occurs. Your lawyer can help you understand the components and build a strong legal case in support of your claim.

Medical negligence claims require showing that the defendant owed you an obligation of care and that the defendant violated this duty, and that the breach directly resulted in the injuries to your child. To prove a claim it is crucial that you establish causation, which means that the injuries suffered by your child wouldn't have occurred but for the defendant's actions (or the failure to act).

Defense attorneys can challenge any of these elements. They can argue that there is no doctor-patient relationship, or that the normal care isn't what you claim it is. Additionally, they may challenge your evidence as well as your expert witnesses' opinions.

You'll have to provide medical records, other documentation and a statement describing what occurred during the birth of your child. Also, you'll need to submit an application package that includes the names of all people you consider to be defendants. A knowledgeable attorney can assist you in identifying most appropriate defendants and ensure there is enough insurance coverage. A lawyer can assist you in advancing litigation-related expenses, for example the fees of highly qualified medical experts. This can help to reduce some of the financial burden associated with litigating claims for birth injuries.