Birth Injury Lawsuits Explained

Families are conditioned to believe that their medical professionals and doctors will ensure a high standard of care. If they don't, birth injuries can be devastating to families.

If you suspect your child has suffered a preventable birth injury as a result of medical malpractice or birth injuries, you should contact a birth injury lawyer for assistance. A reputable lawyer will review your case free of charge and charge no upfront costs. A successful claim requires the proof of the four elements of your case.

Duty of Care

The birth of a child is one of the most exciting and memorable moments in the lives of any person. Unfortunately, the process can turn traumatic for parents if medical errors result in serious injuries to the baby during the labor and delivery. These errors could be irreparable which can cause many challenges for a family.

Medical professionals and doctors are legally bound to provide patients with the level of care and skill that is normally expected of health professionals in their field under similar circumstances. This is known as the duty of care. You must prove that a medical professional breached this duty to win a claim. This usually involves demonstrating that the medical professional's actions or failure to act in a manner that was not consistent with what a reasonably trained and competent medical professional would have done in similar circumstances.

The second element of a negligence claim is the causation. You must prove, using medical evidence and expert testimony that the healthcare provider at fault's breach of duty caused your child's injury. 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 last part of a successful negligence case. You must prove that you and/or your child experienced real and quantifiable loss as a result of the healthcare professional's failure to perform 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 owe a duty to patients to provide treatment in line with the standards of medical care in their area of expertise. If a physician or nurse does not meet the standards of care, it may cause injury to a patient and result in an action for damages. To win a case involving birth injuries, an attorney will need to prove the breach in duty caused the injury to your child. This has to be proven by evidence, such as medical records or expert testimony.

It is also important to establish that your child would not have suffered the injury even if the medical professional been able to provide the standard of treatment. Medical experts are asked to review the case to determine if the doctor or hospital behaved in a way that was not in line with accepted medical practices.

Birth injuries can cause life-altering effects that require an ongoing series of medical treatments and other costs. It is crucial to hold at-fault doctors as well as hospitals accountable for their negligence and seek compensation to the future of your child's needs.

An experienced lawyer who has handled medical malpractice cases can oversee the entire legal process for you, from responding to insurance requests and bringing an action against the accountable parties. They can also create an argument using evidence, get expert testimony, retrieve medical records and documents and advocate for fair settlements to cover family's life-long care costs and expenses.

Damages

Medical experts are required to look over medical records, evidence from you and your family members and other evidence in a birth injury lawsuit. They will determine if the doctor in your case acted outside of their duty to care for your child and causing injuries to your child. They will also estimate the damage you've suffered due to these injuries. This includes your future and current medical expenses as well as loss of wages, loss of quality of life, emotional distress and many other losses.

It can be a tragedy for your family if nurses, doctors and other medical staff commit inexcusable mistakes prior to or even after the birth of your child. It can also be difficult to pursue legal action against hospitals and doctors who could have committed malpractice or negligence. They typically have their own legal teams working full-time to protect their clients and deny claims or reduce settlement amounts.

Medical professionals can be held accountable for their actions by hiring a New York birth injuries lawyer. Your lawyer will contact the insurance companies and file a claim with the court and construct a solid argument based on evidence to establish the liability. They will also fight for you to secure an equitable jury verdict, or settlement for your losses and expenses over your entire life. They will also submit your lawsuit on time to be in compliance with any applicable time limit, as the clock starts ticking from the date of the medical negligence or malpractice.

Statute of limitations

Four elements are necessary to file a claim for compensation when birth injuries occur. Your lawyer can help you understand the components and build an argument that is legal and strong in support of your claim.

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

The defendants may contest any of these elements. They could argue that you haven't established a doctor-patient relationship, or that the standard of care is different than what you assert it to be. They can also challenge your evidence or the opinions of your expert witnesses.

You'll need to provide medical records, other documentation and an explanation of what went wrong during the birth injury attorney of your child. You'll also need to submit an application package that includes the names of all parties you think should be named as defendants. A knowledgeable attorney will assist you in identifying the correct defendants and make sure that there is sufficient insurance coverage. A lawyer can also help with the advancement of litigation-related costs including the costs for highly qualified medical experts. This can help to reduce some of the financial burden associated with pursuing claims for birth injuries.