Birth Injury Lawsuits Explained

Families expect that their medical doctors and other professionals will maintain a high level of care. When they do not, birth injuries can be devastating for families.

If you suspect your child was born with a preventable injury as a result of medical malpractice or birth injuries, you should contact a birth injury lawyer to get help. A reputable lawyer will review your case at no cost and will not charge upfront fees. A successful claim requires the proof of the four elements of your case.

Duty of Care

Few life events are more joyful and memorable than the birth of a baby. Unfortunately, this birthing process could be difficult for parents when medical errors cause serious injuries to their baby during the birth process and during labor. These mistakes can be irreparable and create a lifetime of challenges for a family.

Doctors and other medical professionals are legally bound to treat patients with the care and skill that is normally expected of health professionals in their respective fields in similar situations. This is referred to as the duty of care. To win a claim against a healthcare provider at fault, you must prove that the medical professional breached this duty. This typically means proving that the medical professional's actions or inability to act was in violation of what a reasonably trained and competent medical professional would have done under similar circumstances.

The second part of a negligence claim is the causation. You must establish through medical records and evidence from an expert that the healthcare provider who was at fault's negligence caused your child's injuries. A doctor, for example, may not have monitored the vitals of your child during labor and birth. This could have caused brain damage due to the prolonged oxygen deprivation.

The final component of a successful negligence claim is damages. You must demonstrate that you as well as your child suffered significant financial losses, which are quantifiable, resulting from the healthcare professional at fault's inability to meet their obligation of care. This usually includes future and past medical expenses, lost wages and other non-economic losses such as pain and suffering.

Causation

Medical professionals have a responsibility to patients to provide treatment consistent with the standards of medical care in their specialization. A doctor or nurse who fails to meet the standard of care can cause injuries to patients, and may result in the possibility of a claim for damages. In order to be successful in a case that involves birth injuries, an attorney must prove that the breach of duty caused your child's injury. This has to be proved by evidence such as medical records and expert testimony.

It is also crucial to prove that your child wouldn't have suffered an injury when a medical professional performed the treatment expected. Medical experts are obligated to examine the case and provide an opinion on whether the hospital or doctor was acting in a manner that was incompatible with the accepted medical practice.

Birth injuries can have life-altering effects that need the use of a lifetime of medical treatment and other expenses. It is crucial to hold at-fault doctors and hospitals accountable for their negligence, and to seek compensation that can help ensure your child's future requirements.

A lawyer who has dealt with medical malpractice cases can manage the entire legal process, including responding to insurance requests and filing a lawsuit against the parties responsible. They can also create an evidence-based argument and obtain expert testimony, obtain medical records as well as other documents and negotiate an appropriate settlement to cover your family's losses as well as lifetime cost of care.

Damages

A birth injury lawsuit requires the expertise of medical experts who examine medical records, evidence from you and your family and other evidence. They will establish that the doctor in your case acted outside of their duty of care and caused injuries to your child. Then, they'll estimate the damages that you have suffered as a result of these injuries. Included are your present and future medical costs in addition to lost wages, loss of quality of your life emotional distress, and other losses.

It can be devastating for your family members when doctors, nurses and other medical personnel make inexcusable mistakes prior to, during or after the birth your child. It isn't always easy to bring legal action against doctors and hospitals who have committed malpractice or negligence. They have lawyers on staff who are full-time employees to protect their clients, reject claims or decrease settlements.

You can hold medical professionals responsible for their actions by hiring an New York birth injuries lawyer. Your lawyer will contact the insurance companies and file a claim in court and construct a solid proof-based case to prove liability. They will also fight for you to win an appropriate jury verdict or settlement for your damages and costs over your life. They can also file a lawsuit in time for any applicable statute of limitation and the clock starts to run from the day the malpractice or negligence occurred.

Statute of limitations

A successful claim for compensation in a case of birth injury requires four components. Your attorney can explain each element and develop a solid legal argument in support of your claim.

Medical negligence claims rely on being able to prove that the defendant owed you the duty of care, that the defendant breached this duty and that the breach directly resulted in the injuries to your child. It is crucial to prove causation to be successful in a claim. This means that the defendant's actions, or inability to act caused your child's injuries.

The defendants have the option of challenging each of these elements. They could claim that there isn't a doctor-patient relationship or that standard care is not what you claim it is. They can also challenge your evidence or the opinions of your expert witnesses.

You'll need medical records, other documents in addition to an explanation of what occurred during the birth of your child. You'll also need to submit an order form with an inventory of all the people you think should be named as defendants. An experienced lawyer can help in identifying the appropriate defendants and make sure there's sufficient insurance coverage. A lawyer can also assist with advancing litigation-related expenses like the cost of highly qualified medical experts. This helps ease some of the financial burden associated with pursuing a birth injury claim.