Birth Injury Lawsuits Explained

Families expect that their medical doctors and other professionals will maintain a high level of care. Birth injuries can be devastating for families if not treated appropriately.

If you suspect your child suffered a preventable birth injury due to medical negligence and you suspect that your child suffered a birth injury, contact a lawyer for assistance. Reputable lawyers will evaluate your case at no cost and charge no upfront fees. To prove your claim, you must demonstrate the four elements.

Duty of Care

Few events in life are more memorable and special than the birth injury lawyer of a child. However, the birth process can turn traumatic for parents if medical mistakes cause serious injuries to the baby during labor or delivery. These errors can be irreversible and cause an entire series of problems for the family.

Medical professionals and doctors are required by law to treat patients with the same care and competence that is expected of health care providers in their field in similar situations. This is known as the duty of care. You must demonstrate that a medical professional violated this duty to be able to win a case. This usually involves demonstrating that the medical professional's actions or failure to act was different from what a reasonably educated and competent medical professional would have done under similar circumstances.

The second element of a negligence claim is causation. You must prove with medical records and testimony from an expert that the healthcare professional who was at fault's negligence caused your child's injuries. For instance, a doctor may have failed to monitor your child's vital signs during labor and delivery. This could have caused brain damage from prolonged oxygen deprivation.

The final aspect of a successful negligence claim is the amount of damages. You must prove that you and your child suffered actual tangible financial losses that resulted from the at-fault healthcare professional's inability to meet their obligation of care. This includes future and past medical costs, lost wages, as well as other damages such as discomfort and pain.

Causation

Medical professionals have a responsibility to their patients to provide them with care that is in line with standards of their area of expertise. A nurse or doctor who fails to adhere to the standard of care can cause injuries to patients, and could result in claims for damages. In order to win a case involving birth injuries, an attorney will need to prove the breach in duty caused your child's injury. This must be proved using evidence like medical documents and expert testimony.

It is also essential to prove that your child would not have suffered a traumatic injury in the event that a medical professional performed the medical care expected. Medical experts are asked to examine the situation to determine whether the doctor or the hospital behaved in a manner not in accordance with the accepted medical practice.

Birth injuries can cause life-altering impacts that require an ongoing series of medical treatments and other expenses. It is essential to hold at-fault doctors and hospitals responsible for their actions and seek compensation to help the future of your child's needs.

A lawyer experienced in handling medical malpractice cases will manage the entire legal process for you, including responding to insurance requests and filing an action against the accountable parties. They can also construct an argument based on evidence, secure expert testimony, retrieve documents and medical records, and fight for fair settlements to pay for the family's life-long care costs and expenses.

Damages

Medical experts are required to look over medical records, witness statements from you and your family members and other evidence in the birth injury lawsuit. They will help you establish that the doctor or hospital involved in your case violated their duty of care and caused injuries to your child. They will also estimate the damages you've suffered because of these injuries. This includes the current and future medical expenses and the loss of income, the loss of quality of life, emotional distress, and other losses.

When doctors, nurses, or other medical staff commit mistakes that are preventable prior to, during, or after the birth of your child, it could result in devastating consequences for your family. It can be difficult to bring legal action against doctors and hospitals who have acted negligently or with a lack of care. They have lawyers on staff who work full-time to defend their clients, deflect claims or decrease settlements.

By hiring an New York birth injury lawyer who can hold the medical professionals responsible for your injuries. Your attorney will handle communications with insurance companies and will present your claim in court, and build solid evidence-based arguments to prove responsibility. They will also work to secure you an acceptable settlement or verdict from a jury for your losses and lifetime care costs. They can also submit your lawsuit on time to comply with any applicable statute of limitations, since the clock begins ticking off from the date of the medical negligence or malpractice.

Statute of Limitations

Four essential elements are required to be successful in claiming to be compensated when birth injuries occur. Your attorney can help you understand the various elements and develop a solid legal argument in support of your claim.

Medical negligence claims depend on being able to prove that the defendant owed you the duty of care and that the defendant violated this duty, and that the breach directly resulted in your child's injuries. It is crucial to prove causation in order to win a claim. This means that the defendant's actions or inability to act could not have resulted in the injury of your child.

The defendants have the option of challenging each of these elements. They can argue that they don't have a doctor-patient relationship, or that the standard of care you provide is different from what you claim it to be. They can also challenge your evidence or the opinions of your expert witnesses.

You'll need medical records, other documentation in addition to a statement describing what went wrong during the birth of your child. Additionally, you'll need to submit a demand packet, which includes a list of the parties you think should be named as defendants. An experienced lawyer can help to identify the proper defendants and make sure there's sufficient insurance coverage. A lawyer can also help in advancing the costs associated with litigation, such as fees for highly qualified medical experts. This can ease some of the financial stress that comes with pursuing the case of birth injury.