Birth Injury Lawsuits Explained

The birth of a child is a potentially dangerous and stressful event, but families expect their doctors and other medical professionals to uphold a high standard of care. When they do not, birth injuries can be devastating for families.

If you suspect that your child suffered a preventable Birth injury Law firms injury due to medical malpractice or birth injury attorney injuries, you should contact a birth injury lawyer for help. Reputable attorneys will evaluate your case with no upfront costs. A successful claim will require proving the four elements of your case.

Duty of Care

Few life events are more exciting and special than the birth of a child. Unfortunately, this process can be traumatic for parents if medical errors cause serious injuries to their infant during labor and birth. These mistakes are often irreparable and make a family face a lifetime of challenges.

Medical professionals and doctors have the legal obligation of treating their patients with the same attention and skill that is expected from health care providers in similar professions under similar circumstances. This is known as the duty of care. In order to win a case against an at-fault healthcare provider you must prove that the medical professional violated this duty. This typically means proving that the medical professional's conduct or failure to act was different from what a reasonably trained and competent medical professional would have done in similar circumstances.

The third element in a negligence case is the causation. You must prove, using medical records and expert testimony, that the at-fault provider's breach of duty caused the injury to your child. For instance, a physician may not have observed your child's vital indicators during labor and birth. This could have caused brain damage as a result of prolonged oxygen deprivation.

Damages are the last element in the case of a successful negligence claim. You must prove that you and/or your child suffered actual, quantifiable losses as a result of the healthcare professional's incompetence in their duty of care. This typically includes future and past medical expenses, lost wages and non-economic losses like suffering and pain.

Causation

Medical professionals are required to patients to provide treatment that is in line with the highest standards of care in their field of. If a physician or nurse does not meet the standards of care, it can cause injury to the patient, and lead to an action for damages. In order to win a birth injury lawsuit the attorney must prove that the breach of duty directly caused the injuries suffered by your child. This can be proved with evidence like medical records and expert testimony.

It is also necessary to prove that your child would not have suffered the injury if the medical professional had been able to provide the standard of medical care. Medical experts are called to look into the matter and give their opinion regarding whether or not the doctor or hospital acted in a way that was inconsistent with accepted medical practices.

Birth injuries can cause a lot of trauma and require medical care for the rest of their lives. It is vital that you hold doctors and hospitals accountable for their negligence and seek compensation to help pay for the future requirements of your child.

A lawyer who has dealt with medical malpractice cases can handle the entire legal process including responding to insurance inquiries and filing a lawsuit against the accountable parties. They can also build an evidence-based case, secure expert testimony, recover medical records and other records and negotiate an equitable settlement to cover the loss of your family as well as lifelong care costs.

Damages

Medical experts are required to review medical records, witness statements from you and your family members and other evidence in a birth injury lawsuit. They will assist you in proving that the medical professional or hospital involved in your case breached their duty of care and caused your child to suffer injuries. They will also estimate the damages you have suffered due to these injuries. Included are your present and future medical expenses as well as lost wages, loss in quality of life emotional distress, and other losses.

It can be devastating for your family if nurses, doctors and other medical staff commit preventable mistakes before or after the birth of your child. It can be also difficult to initiate legal action against the hospitals and doctors who may have committed malpractice or negligence. They have lawyers on staff who are employed full-time to protect their clients, deny claims or limit settlements.

You can hold medical professionals responsible for their actions by hiring a New York birth injuries lawyer. The lawyer will handle all communications with insurers and will submit your claim to court, and construct a strong evidence-based case to prove the responsibility. They will also fight to secure you an acceptable settlement or verdict from a jury for your losses and lifetime cost of care. They can also start a lawsuit before the deadline for any applicable statute of limitation and the clock starts to run from the date the malpractice or negligence occurred.

Statute of limitations

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

Medical negligence claims require proving that the defendant owed you a duty of care, that the defendant breached this duty, and that the breach directly caused the injuries to your child. In order for a claim to be successful it is essential that you prove causation, which means that your child's injuries wouldn't have occurred but for the actions of the defendant (or negligence).

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 declare it to be. Additionally, they may contest your evidence and expert witnesses opinion.

You'll need to submit medical records, as well as other evidence and an explanation of what occurred during the birth of your child. Also, you'll need submit a demand packet that contains the names of all individuals you consider to be defendants. A skilled lawyer can help identify the right defendants and ensure you have adequate insurance coverage. A lawyer can also help in advancing costs related to litigation including the costs for highly qualified medical experts. This can help reduce some of the financial stress associated with pursuing the case of birth injury.