Birth Injury Lawsuits Explained

Birth is a stressful and stressful event, but families expect their doctors and other medical professionals to adhere to a high standard 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 as a result of medical malpractice, contact a birth injury lawyer for help. The most reputable lawyers will review your case without imposing any upfront fees. A successful claim will require proving 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, this birthing process could be difficult for Birth Injury parents if medical blunders result in severe injuries to their baby during birth and labor. These errors can be irreparable and cause a family to be faced with a series of challenges for the rest of their lives.

Medical professionals and doctors have a legal obligation to treat their patients with the same attention and skill that is expected from health care providers in similar professions in similar circumstances. This is known as the duty of care. If you want to prevail against a healthcare provider at fault, you must prove that the medical professional violated this duty. This usually means proving that the medical professional's actions, or the failure to act was in violation of what a reasonably trained and competent medical professional would have done under the same circumstances.

The third element of a negligence claim is causation. You must show, via medical records and expert testimony, that the at-fault healthcare professional's negligence led to the injury of your child. For instance, a healthcare professional might not have been able to observe your child's vital signs during labor and delivery. This could have led to prolonged oxygen deprivation which, in turn, caused brain damage.

Damages are the most important part of a successful negligence case. You must prove that you and your child have suffered real, tangible financial losses from the healthcare professional at fault's inability to fulfill their duty of care. This includes past and future medical costs and lost wages and also non-economic damages such as discomfort 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. If a physician or nurse fails to meet the standard of care, it can result in injury to the patient and result in a claim for damages. In order to win a birth injury case, an attorney must prove that the breach of duty directly led to your child's injuries. This must be proved using evidence such as medical documents and expert testimony.

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

Birth injuries can cause life-altering impacts that require the need for a lifetime of medical care and other costs. It is important to hold at-fault doctors and hospitals responsible for their actions and seek compensation to help the future of your child's needs.

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 parties responsible. They can also build an evidence-based case and get expert testimony, locate medical records along with other records and seek a fair settlement that covers the losses of your family and continue to pay for cost of care.

Damages

A birth injury lawsuit requires the expertise of medical experts who will look over medical records, witness statements from your family and you, and other evidence. They will help you establish that the hospital or doctor involved in your case breached their duty of care and caused your child injuries. They will then determine the damages you have suffered as a result of these injuries. These include your future and current medical expenses and the loss of income, the loss of quality of life, emotional distress and other losses.

It can be a devastating experience for your family members when doctors, nurses and other medical staff commit errors that could have been avoided prior to or during the birth your child. It can also be difficult to initiate legal action against the hospitals and doctors who may have committed malpractice or negligence. They have lawyers on staff who are full-time employees to defend their clients, deflect claims or decrease settlements.

When you employ a New York birth injury lawyer who can hold the medical professionals at fault accountable. Your lawyer will handle communication with insurance companies and will present your claim in court, and construct an evidence-based case to establish liability. They will also work to secure you a fair settlement or verdict from a jury for your losses and lifetime cost of care. They can also submit your lawsuit on time to meet any applicable statute of limitations, as the clock begins to tick from the date of the medical negligence or malpractice.

Statute of Limitations

A successful claim for compensation in a birth injury case includes four parts. Your attorney can help you understand the various elements and develop an effective legal argument to support your claim.

Medical negligence claims depend on showing that the defendant owed you the obligation of care, that the defendant breached this obligation and that the breach directly caused your child's injuries. It is crucial to prove causation to prevail in a claim. This means that the defendant's actions or inability to act would not have resulted in the injury of your child.

The defendants may contest any of these elements. They may argue that you haven't established a doctor-patient relationship or that the standards of care are different than what you assert it to be. Additionally, birth injury they may contest your evidence and expert witnesses or their opinions.

In order to prove a breach of duty, you'll need to submit medical records and other documentation, and provide a declaration of what went wrong with the birth of your child. You'll also need to submit a demand package with an outline of the individuals you believe should be named as defendants. A skilled attorney can assist you in identifying correct defendants and make sure that there is sufficient insurance coverage. A lawyer can help advance litigation-related costs, such as the expenses of highly qualified medical experts. This can help reduce some of the financial stress associated with pursuing a claim for birth injury.