Birth Injury Lawsuits Explained

Families expect that their medical doctors and other professionals will ensure a high standard of care. Birth injuries can be catastrophic for families when they're not properly treated.

If you suspect your child has suffered a preventable birth injury as a result of medical malpractice, contact a birth injury lawyer for help. Reputable lawyers will evaluate your case for Birth Injury free and charge no upfront fees. A successful claim is based on the evidence of the four elements of your case.

Duty of Care

Few events in life are more memorable and special than the birth of a baby. However, the birth procedure can be very stressful for parents when medical errors cause serious injuries to the baby during the labor and delivery. These mistakes can be irreversible and force a family to face a lifetime of challenges.

Medical professionals and doctors are required by law to treat patients with the respect and skill that is normally expected of health care providers in their field under similar circumstances. This is known as the duty of care. You must demonstrate that a medical professional has violated this duty in order to prevail on a case. This usually involves demonstrating that the medical professional's conduct or failure to act in a manner that was not consistent with what a reasonably educated and competent medical professional would have done in the same circumstances.

The second component in a negligence lawsuit is the issue of causation. You must prove, using medical documents and expert testimony that the at-fault healthcare professional's negligence caused 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 could have caused brain damage.

The final element of a successful negligence claim is the amount of damages. You have to prove that you and/or your child experienced real significant, quantifiable damages as a result of the healthcare professional's failure in their duty of 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 them with care that is in line with standards in their field. If a physician or nurse fails to meet the standard of care, it may cause injury to the patient and result in a claim for damages. To prevail in a birth injury case, an attorney must prove that the breach of duty directly led to the injuries suffered by your child. This can be proven with evidence, like medical documents or expert testimony.

It is also essential to prove that your child wouldn't have suffered the injury even if the medical professional been able to provide the standard of medical care. Medical experts are asked review the case in order to determine if the physician or hospital was acting in a way that was not in line with the accepted medical practice.

Birth injuries can cause a lot of trauma and require medical attention for the rest of their lives. It is important to hold the at-fault doctors and hospitals accountable for their actions and seek compensation to help provide for your child's future requirements.

A lawyer with experience in handling medical malpractice cases can handle the entire legal procedure for you, including responding to insurer requests and filing an action against the accountable parties. They can also build an argument based on evidence, secure expert testimony, locate medical records and documents, and fight for fair settlements to pay for the family's costs for care throughout their lifetime and expenses.

Damages

A birth injury lawsuit requires the expertise of medical experts who review medical records, testimony from your family and you, and other evidence. They will establish that the doctor involved in your case acted outside of their duty of provide care and harmed your child. They will also calculate the damages you have suffered as a result of these injuries. Included are your future and current medical costs, lost wages, loss of quality of your life, emotional distress and other losses.

It can be devastating for your family if doctors, nurses and other medical staff make inexcusable mistakes prior to or after the birth your child. It can be also difficult to pursue legal action against hospitals and doctors who could have committed negligence or malpractice. They have lawyers on staff who work full-time to defend their clients, deflect claims or reduce settlements.

By hiring a New York birth injury lawyer who can hold the medical professionals at fault accountable. Your lawyer will be in contact with the insurers and file a claim with the court and build a solid proof-based case to prove the responsibility. They will also fight for you to secure an equitable jury verdict, or settlement for your damages and costs over the course of your life. They can also bring a lawsuit within the timeframe for birth injury any applicable statute of limitation, as the clock begins to tick from the date the malpractice or medical error occurred.

Statute of limitations

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

Medical negligence claims depend on proving that the defendant owed you the duty of care, that the defendant breached this obligation, and that the breach directly led to the injuries to your child. For a claim to succeed it is crucial that you establish causation, which means that your child's injuries wouldn't have occurred but for the defendant's actions (or inaction).

The defendants have the option of challenging any of these elements. They can argue that they haven't established a doctor-patient relationship or that the standards of care are different from what you declare it to be. They can also challenge your evidence, or the opinions of your expert witnesses.

You'll have to provide medical records, any other documentation in addition to an account of what went wrong during the birth of your child. Additionally, you'll need to file a demand package with an outline of the people you believe should be named as defendants. A skilled lawyer can help in identifying the appropriate defendants and ensure you have adequate insurance coverage. A lawyer can assist you in advancing costs associated with litigation, like the fees of highly qualified medical experts. This can ease some of the financial burden associated with litigating a claim for birth injury.