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Birth is a dangerous and stressful experience, but families expect their doctors and other medical professionals to ensure a high quality of medical care. Birth injuries can be devastating for families when they are not treated properly.
If you suspect that your child was born with a preventable injury as a result of medical malpractice then contact a birth trauma lawyer to get help. Professionals with a good reputation will assess your case free of charge and charge no upfront fees. A successful claim requires the proof of the four elements of your case.
Duty of Care
The birth of a baby is one of the most exciting and memorable moments in the lives of any person. Unfortunately, the birth process can become traumatic for parents if medical mistakes cause serious injuries to their baby during labor and birth. These mistakes are often irreparable and cause a family to confront a long list of challenges.
Medical professionals and doctors owe a legal duty to treat patients with the respect and skill that is normally expected of health care providers in their field in similar situations. This is known as the duty of care. To prevail in a lawsuit against a healthcare provider at fault you must prove that the medical professional breached this obligation. This usually involves demonstrating how the medical professional's actions or their lack thereof, [Redirect-302] were different from what a qualified and reasonably trained medical professional would do under similar circumstances.
The second aspect in a negligence lawsuit is the causation. You must prove, using medical documents and expert testimony that the at-fault provider's negligence led to the injury to your child. A doctor, for example might not have been able to monitor the vitals of your child during labor and birth. This could have caused brain damage due to prolonged oxygen deprivation.
Damages are the most important 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 in their duty to care. This usually includes future and past medical expenses, lost wages, and other non-economic losses such as suffering and pain.
Causation
Medical professionals have a duty to their patients to provide care that is in accordance with standards of their field. If a doctor or nurse is not able to meet this standard of care, they could cause an injury to the patient, and lead to an action for damages. To succeed in a birth injury lawsuit an attorney must demonstrate that the breach of duty directly caused your child's injuries. This can be proven through evidence such as medical records or expert testimony.
It is also necessary to establish that your child would not have suffered the injury even if the medical professional adhered to the standard of care. Medical experts are required to review the case and provide their opinion on whether or not the hospital or doctor did something that was not in accordance with accepted medical procedures.
Birth injuries can cause life-altering effects that require the use of a lifetime of medical treatment and other expenses. It is essential to hold at-fault doctors as well as hospitals responsible for their negligence, and to seek compensation that will pay for your child's future needs.
An experienced lawyer who has handled medical malpractice cases can oversee the entire legal process for you, including responding to insurance requests and bringing a lawsuit against the responsible parties. They can also develop an evidence-based case, secure expert testimony, recover medical records along with other records and seek an appropriate settlement to cover your family's losses and lifetime cost of care.
Damages
A birth injury lawsuit requires the expertise of medical experts who will examine medical records, evidence from your family and you and other evidence. They will determine if the doctor who is involved in your case violated their duty to provide care and harmed your child. They will then estimate the damage you have suffered as a result of those injuries. This includes the current and future medical expenses and lost wages, loss of quality of life, emotional distress and other losses.
It can be a tragedy for your family members when doctors, nurses and other medical staff make unavoidable errors prior to, during or after the birth injury attorneys of your child. It isn't easy to bring legal action against hospitals and doctors who may have acted negligently or with a lack of care. They have teams of lawyers who work full-time to protect their clients, deny claims or decrease settlements.
You can hold medical professionals accountable for their actions by hiring a New York birth injuries lawyer. Your lawyer will be in contact with the insurers and then file a claim in court and construct a solid evidence-based case to establish the liability. They will also fight for you to obtain an equitable jury verdict, or settlement for your losses and care expenses over your entire life. They will also file your lawsuit in time to meet 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 involves four elements. Your lawyer can explain each of them and develop a solid legal argument in support of your claim.
Medical negligence claims require showing that the defendant owed you an obligation of care, that the defendant breached this duty, and that the breach directly caused your child's injuries. It is essential to prove causation in order to win an action. This means that the defendant's actions, or inability to act caused your child's injuries.
The defendants can challenge any of these elements. They could claim that there isn't a doctor-patient relationship, or that the standard care is not what you claim it is. They may challenge your evidence or the opinions of your expert witnesses.
You'll need to submit medical records, other documents and a statement describing what happened during the birth of your child. Additionally, you'll need to file the demand package, which includes an outline of the people you believe should be named as defendants. A skilled lawyer can help in identifying the appropriate defendants and ensure that there is adequate insurance coverage. A lawyer can help advance litigation-related costs, such as the expenses of highly qualified medical experts. This helps alleviate some of the financial strain that comes with litigating a birth-related injury claim.
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