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Families expect that their doctors and other medical professionals maintain a high level of care. Birth injuries can be devastating for families when they're not treated properly.
If you suspect that your child was born with a preventable injury due to medical malpractice, contact a birth injury lawyer to get help. The most reputable lawyers will review your case without imposing any upfront costs. A successful claim requires proving the four elements of your case.
Duty of Care
Few things in life are more exciting and special than the birth of a baby. Unfortunately, this birthing process could be difficult for parents if medical errors cause severe injuries to their baby during the birth process and during labor. These mistakes could be irreparable and cause an entire series of problems for families.
Doctors and other medical professionals owe a legal duty to provide patients with the level of care and skill ordinarily expected of health professionals in their field under similar circumstances. This is called the duty of care. You must demonstrate that a medical professional breached this duty to win a case. This usually involves demonstrating that the medical professional's actions or failure to act deviated from what a reasonably educated and competent medical professional would have done in similar circumstances.
The second element of a negligence claim is causation. You must prove with medical records and evidence from an expert that the healthcare professional who was at fault's negligence led to your child's injuries. For example, a doctor might have not been able to keep track of your child's vital indicators during labor and birth. This could have resulted in prolonged oxygen deprivation, which then led to brain damage.
Damages are the most important component in an effective negligence case. You must prove that either you or your child experienced real significant, quantifiable damages as a result of the healthcare professional's negligence in their duty of care. This typically includes past and future medical expenses, lost wages and other non-economic losses such as pain and suffering.
Causation
Medical professionals are required to patients to provide care that is consistent with the standards of care in their area of expertise. If a physician 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. In order to win the case of a birth injury the attorney must show that the breach of duty directly led to your child's injuries. This must be proved with evidence, like medical records or expert testimony.
It is also necessary to establish that your child wouldn't have suffered the injury If the medical professional had adhered to the standard of medical care. Medical experts are expected to review the case and offer their opinions as to whether or not the doctor or hospital acted in a way that was not in accordance with accepted medical practices.
Birth injuries can have life-altering effects that need an ongoing series of medical treatments and other costs. It is vital that you hold doctors and hospitals accountable for their mistakes and seek compensation to meet the future needs of your child.
A lawyer who has handled medical malpractice cases can manage the entire legal process, including responding to insurance inquiries and bringing a lawsuit against the accountable parties. They can also create an evidence-based case, secure expert testimony, recover medical records and other records and negotiate a fair settlement to cover the loss of your family as well as lifelong costs of care.
Damages
Medical experts are needed to look over medical records, witness statements from you and your family members, and other evidence in the birth injury lawsuit. They will establish that the doctor in your case has violated their duty to care and caused injuries to your child. Then, they'll estimate the damage you have suffered because of those injuries. Included are your future and current medical costs and lost wages, as well as diminished quality of life emotional distress, and other losses.
It can be a tragedy for your family if doctors, nurses and other medical professionals make errors that could have been avoided prior to or after the birth of your child. It can be difficult to take legal action against doctors and hospitals who have acted negligently or in a negligent manner. They often have their own teams of lawyers who are full-time employed to protect their clients and defend against claims or reduce settlement amounts.
Medical professionals can be held accountable for their actions by hiring a New York birth injuries lawyer. Your attorney will handle communications with insurance companies and will submit your claim to court, and create a strong evidence-based case to prove responsibility. They will also fight for you to win an appropriate jury verdict or settlement for your losses and care costs over your entire life. They can also bring your case in time to meet any applicable statute of limitations, since the clock starts ticking on the date of the medical negligence or malpractice.
Statute of limitations
A successful claim for compensation in a birth-related injury case involves four elements. Your attorney can explain each element and create a strong legal argument in support of your claim.
Medical negligence claims are based on being able to prove that the defendant owed you the obligation of care, that the defendant breached this duty, and that the breach directly resulted in your child's injuries. It is crucial to prove causation in order to be successful in an action. This means that the defendant's actions, or inability to act resulted in the injury of your child.
The defendants have the option of challenging any of these elements. They could argue that there is no doctor-patient connection or that the standard care is not what you claim it to be. In addition, they can challenge your evidence or expert witnesses and their opinions.
You'll need medical records, other documentation and an explanation of what was wrong with the birth of your child. You'll also have to submit an application package that includes an inventory of all the people you think should be named as defendants. An experienced attorney can assist you in identifying most appropriate defendants and ensure they have adequate insurance coverage. A lawyer can help advance costs related to litigation, including the expenses of highly qualified medical experts. This could help ease some of the financial burden associated with pursuing a claim for birth injury.
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