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Childbirth is a risky and stressful experience, but families expect their doctors and other medical professionals to adhere to a high standard of medical care. Birth injuries can be catastrophic for families if not properly treated.
If you suspect that your child suffered a birth injury as a result of medical malpractice then contact a birth injury law firm trauma lawyer for assistance. The most reputable lawyers will review your case without charging any upfront costs. To prove your claim, you must prove the four elements.
Duty of Care
Few occasions in life are more joyful and memorable than the birth of a baby. However, this event can be traumatic for parents if medical mistakes result in serious injuries to their baby during birth injury law firms and labor. These mistakes can be irreparable and cause the possibility of a lifetime of difficulties for families.
Medical professionals and doctors owe a legal duty to treat patients with the same care and expertise that is expected of health professionals in their field in similar situations. This is called the duty of care. You must prove that a medical professional breached this duty to be able to win a claim. This typically means proving that the medical professional's conduct or failure to act deviated from what a reasonably educated and competent medical professional would have done in the same circumstances.
The second element in a negligence case is the issue of causation. You must show, via medical evidence and expert testimony that the at-fault provider's negligence caused the injury of your child. A doctor, for example, may not have monitored the vitals of your child during labor and delivery. This could have resulted in prolonged oxygen deprivation which, in turn, caused brain damage.
Damages are a crucial part of the case of a successful negligence claim. You must demonstrate that you and your child have suffered, quantifiable financial losses resulting from the at-fault healthcare professional's failure to perform their duty of care. This includes past and future medical costs such as lost wages, and non-economic losses like pain and discomfort.
Causation
Medical professionals are required to patients to provide treatment in line with the highest standards of care in their specialization. A nurse or doctor who fails to meet the standards of care could cause injuries to patients, and could result in an action for damages. To win a case of birth injury, an attorney must prove that the breach of duty directly caused your child's injuries. This must be proved using evidence like medical records and expert testimony.
It is also essential to prove that your child wouldn't have suffered a traumatic injury in the event that a medical professional provided the standard of care expected. Medical experts are asked to examine the situation to determine if the physician or the hospital behaved in a manner that was not in accordance with the accepted medical standards.
Birth injuries can cause life-altering impacts that require an ongoing series of medical treatments and other expenses. It is vital that you hold hospitals and doctors accountable for their negligence, and receive compensation to meet the future needs of your child.
An experienced lawyer who has handled medical malpractice cases can manage the entire legal procedure for you, including responding to insurance requests and bringing lawsuits against the responsible parties. They can also develop a case with the help of evidence, obtain expert testimony, access documents and medical records, and fight for fair settlements that cover the family's life-long care costs and expenses.
Damages
Medical experts are needed to examine medical records, the testimony of you and your family members, and other evidence in a birth injury lawsuit. They will help you prove that the doctor or hospital involved in your case breached their duty of care and harmed your child. Then, they'll calculate the damages you have suffered because of those injuries. This includes your future and current medical expenses, lost wages, loss in quality of life, emotional distress and other losses.
If nurses, doctors and other medical professionals make mistakes that could be avoided prior to, during, or after the birth of your child, it can cause devastating harm to your family. It can be difficult to bring legal action against doctors and hospitals who may have committed negligence or malpractice. They usually have their own teams of lawyers working full-time to protect clients and to deny claims or reduce settlement amounts.
When you employ an New York birth injury lawyer who can hold the at-fault medical professionals accountable. Your lawyer will handle communication with insurers, make your claim to the court, and develop an evidence-based case to establish liability. They will also fight to secure you an acceptable settlement or jury verdict for your losses and life-long expenses for medical care. They will also submit your lawsuit on time to satisfy any applicable deadlines, since the clock starts ticking on the date of the medical negligence or malpractice.
Statute of Limitations
Four factors are essential to be successful in claiming for compensation if birth injuries occur. Your attorney can help you understand the elements and birth Injury law firms create an effective legal argument to support your claim.
Medical negligence claims require you to prove that the defendant had an obligation of care for your child, and that he breached that duty, and that the breach caused the injuries to your child. To be successful in a claim, it is also essential to prove causation which means that your child's injuries could not have occurred without the actions of the defendant (or inaction).
The defendants can challenge any of these elements. They may argue that you haven't established a doctor-patient relationship or that the standards of care are different from what you claim it to be. They can challenge your evidence or the opinions of your expert witnesses.
You'll need to submit medical records, any other documentation and a statement describing what occurred during the birth of your child. You'll also need to submit an application package that includes a list of all people you believe should be named as defendants. An experienced lawyer can help you identify the right defendants and ensure that there is adequate insurance coverage. Lawyers can also help with advancing litigation-related expenses like the cost of highly qualified medical experts. This helps to alleviate some of the financial burden that comes with litigating a birth injury claim.
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