New York Birth Injury Lawsuits

Both mother and child can be at risk during the birth of a child. While advances in medicine have made the process much safer but the doctors and nurses involved must adhere to the highest standards of professional practice.

A lawyer who is experienced with birth injury law will scrutinize medical records, talk to experts and fight to secure you the money you need to establish your case. A successful claim could pay the entire cost of your medical expenses, both in the past and in the future.

Duty of Care

The birth of a child is one of the most joyful events that a family could experience. It can also be traumatic in the event that medical errors during pregnancy, delivery or labor cause injuries to infants. In New York, healthcare providers have a legal duty to provide patients with the best standard of care. If doctors and other healthcare professionals fail to adhere to the standards, it could be possible to start a lawsuit for birth injuries to recover damages for a victim's losses.

It is crucial to establish that the defendant owed an obligation of good care to the plaintiff to be able to win the case. This can be accomplished by proving the existence of a doctor-patient relationship and setting a standard of care appropriate for a health provider under the circumstances. This is typically done through medical documents and expert testimony.

If a healthcare professional fails to fulfill the duty of care, then the patient must prove that the breach directly caused the injury. In other words, the injury would not have occurred if it weren't for the breach. Additionally, the plaintiff must prove that suffered damages. These include emotional and physical injury, medical expenses incurred by the injury, loss of income in the event that the injury kept the person from working and much more.

Most often, a birth-related injury case will involve medical professionals who will give an estimate of the costs of care a victim's injuries may require. These expenses can be enormous and are a vital element of a successful claim.

Breach of Duty

The circumstances will determine if a healthcare provider has a duty to care. It also depends on the medical professional standards and practices that are outlined by the medical community in similar circumstances. It could be necessary to consult with medical experts in order to establish the standard that is appropriate for your situation.

To succeed in your case, you need to establish that the defendant acted in breach of this duty by failing to act in accordance with medically approved practices. A knowledgeable lawyer will know how to collect evidence and present it in court. Your attorney will also be well-versed in the defenses that defendants and their insurance companies often present in these cases and will know how to respond.

You must also show that the breach of duty caused your child to sustain birth injuries. This is a hard part of the case since you have to argue that your child would not have suffered if the defendant hadn't been negligent. This is why it is vital to have an experienced New York birth injury lawyer to your side. A lawyer knows what evidence to look for and how to show that your child's injury was not preventable. They also know how to demonstrate the full extent of the losses your child has suffered so that you can claim all damages to which you are entitled.

Causation

Birth injuries take its toll on both the child and parents. The financial burden of treatment and care is not just emotional, but also financial. These may include hospitalization, surgery, physical therapy, medications and home health aides. These costs can sometimes extend into adulthood.

You must demonstrate that the medical professional violated their duty of care. It is imperative to prove that the relationship between a doctor and patient exists and that the medical professional failed to provide the level of care and professionalism that is expected in similar circumstances. The plaintiff must also prove that the breach caused the injury.

The process of proving the negligence of a medical malpractice case is complex and varies in each state. It is important that you choose an attorney with experience in the law of the state where you reside.

The first step is to schedule a free consultation with an attorney. During this meeting an attorney will determine whether or not your claim has merit and discuss possible legal options. They can also discuss the options available for seeking damages for your child's injuries. The legal process typically begins with your attorney filing a Summons and Complaint against the defendant. Then, they will engage in a period of discovery, which involves the exchange of evidence as well as information between both sides of the lawsuit.

Damages

A lot of birth injury cases involve complex damages calculation. The severity of injuries can result in lifetime care costs that are in the millions. This could include 24 hour in-home medical and nursing care occupational and physical therapy, or other treatment that is specialized. The cost of these requirements is hard to determine without consulting with experts in each area.

To win a claim the plaintiff has to prove that the defendant did not fulfill their duty of care. This requires establishing an appropriate standard of care. The standard is typically determined by the medical profession's individual practices and procedures in similar circumstances. A competent attorney will consult with medical experts who can review the evidence and testify on the reasons why the doctor or the hospital failed to meet the standards.

Once the expert supports the breach of duty, the next step is to establish the causality. This involves linking the breach of duty to the harm sustained by the mother or infant. To accomplish this, the attorney will submit a demand package containing documentation and records to the malpractice insurer of the hospital or doctor. The package will contain the documentation and documents which show how the lapse occurred.

Teams of lawyers work full-time for hospitals, doctors, and medical insurance companies to defend their interests. They also make it difficult for them to deny or reduce claims. A knowledgeable birth injury lawyer can assist you through the process and build cases that maximize your compensation.