Birth Injury Lawsuits Explained

The birth of a child is a potentially dangerous and stressful experience, however families expect their doctors and other medical professionals to provide a high level of medical care. If they don't birth injuries can be devastating to families.

If you suspect that your child suffered a preventable birth injury as a result of medical malpractice, contact a birth injury lawyer for help. The most reputable lawyers will review your case with no upfront costs. 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 baby. However, the birth process can be traumatic for parents if medical errors cause serious injuries to the baby during labor or delivery. These mistakes could be irreparable and cause a family to confront a long list of challenges.

Doctors and medical professionals have an obligation under law to treat their patients with the same level of care and expertise that they expect from health professionals of similar professions in similar situations. This is called the duty of care. If you want to prevail against an at-fault healthcare provider you must prove that the medical professional breached this obligation. This usually means proving that the medical professional's actions or failure to act was different from what a reasonably trained and competent medical professional would have done in similar circumstances.

The second element in a negligence lawsuit is causation. You must prove, through medical evidence and expert testimony that the healthcare provider at fault's negligence caused your child's injury. A doctor, for instance might not have supervised your child's vitals during labor and delivery. This could have resulted in prolonged oxygen deprivation which, in turn, caused brain damage.

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

Causation

Medical professionals have a responsibility to patients to provide care that is consistent with the standard of care in their specialization. If a doctor or nurse does not meet the standards of care, it could cause an injury to the patient, and lead to an action for damages. To succeed in a birth injury case, an attorney must prove that the breach of duty directly caused the injuries suffered by your child. This can be proven through evidence, such as medical documents or expert testimony.

It is also important to establish that your child would not have suffered a traumatic injury if a medical professional had provided the standard of medical care expected. Medical experts are expected to review the case and provide their opinion on whether or not the doctor or hospital acted in a way that was incompatible with the accepted medical practice.

Birth injuries can cause a lot of trauma and require medical treatment for the rest of your life. 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 who has handled medical malpractice cases has the ability to manage the entire legal process, including responding to insurance inquiries and filing a lawsuit against the responsible parties. They can also develop a case based on evidence, secure expert testimony, access medical records and documents, and fight for fair settlements to pay for the family's life-long care costs and losses.

Damages

A birth injury lawsuit requires the expertise of medical experts who will examine medical records, evidence from you and your family, and other evidence. They will help you prove that the doctor or hospital involved in your case violated their duty of care and caused your child injuries. They will also estimate the damage you have suffered as a result of those injuries. Included are your present and future medical expenses and lost wages, as well as loss in quality of life emotional distress, and other losses.

It can be devastating for your family if doctors, nurses and other medical staff commit preventable mistakes before, during or after the birth your child. It can be difficult to bring legal action against hospitals and doctors who have committed malpractice or Birth injury negligence. They usually have their own teams of lawyers working full-time to protect clients and deny claims or reduce settlement amounts.

When you employ a New York birth injury lawyer and appointing at-fault medical professionals accountable. Your attorney will handle communications with insurers, make your claim to the court, and construct a strong evidence-based case to prove the responsibility. They will also fight to get you an appropriate settlement or jury verdict for your losses and life-long cost of care. They can also start a lawsuit before the deadline for any applicable statute of limitation in the event that the clock begins to tick from the time the malpractice or negligence occurred.

Statute of limitations

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

Medical negligence claims require being able to prove that the defendant owed you a duty of care and that the defendant violated this duty, and that the breach directly caused your child's injuries. It is crucial to prove causation in order to prevail in an action. This means that the defendant's actions or failure to act would not have caused the injuries to your child.

Defendants can challenge each of these elements. They can argue that you haven't established a doctor-patient connection or that the standards of care are different from what you claim it to be. They may also challenge your evidence, or the opinions of your expert witnesses.

You'll need to submit medical records, other documents and an account of what occurred during the birth of your child. Additionally, you'll need to file an order form with an inventory of all the people you consider to be defendants. A skilled attorney can assist you in identifying most appropriate defendants and ensure there is adequate insurance coverage. Lawyers can also help in advancing costs related to litigation such as the cost of highly qualified medical experts. This can ease some of the financial burden associated with pursuing a claim for birth injury.