Birth Injury Lawsuits Explained

Birth is a dangerous and stressful experience, but families expect their doctors and other medical professionals to adhere to a high standard of medical care. Birth injuries can be catastrophic for families if not properly treated.

Contact a birth injury lawyer for help should you suspect that your child has suffered an injury that could have been prevented during birth due medical malpractice. Reputable attorneys will evaluate your case and not charge any upfront costs. A successful claim requires proving the four elements of your case.

Duty of Care

The birth of a baby is one of the most joyous and memorable moments in the life of a person. However, the birth process can be difficult for parents who have medical errors result in serious injuries to the baby during labor and delivery. These errors can be irreparable and make a family be faced with a series of challenges for the rest of their lives.

Doctors and medical professionals have a legal obligation to treat their patients with the same attention and competence that is expected from health care providers of similar professions under similar circumstances. This is called the duty of care. You must prove that a medical professional violated this duty to be able to win an action. This usually means proving that the medical professional's actions, or absence of actions, differed from what a competent and properly trained medical professional would do in similar circumstances.

The third element of a negligence claim is the causation. You must show, via medical records and expert testimony, that the at-fault healthcare professional's negligence led to the injury to your child. For instance, a healthcare professional might not have been able to observe your child's vital signs during labor and delivery. This could have resulted in brain damage as a result of prolonged oxygen deprivation.

Damages are the final aspect in an effective negligence case. You have to prove that you and/or your child suffered actual significant, quantifiable damages as a result of the healthcare professional's failure in their duty of care. This includes future and past medical expenses in addition to lost wages, as well as non-economic damages like pain and discomfort.

Causation

Medical professionals owe a duty to patients to provide treatment in line with the standards of medical care in their specialization. A nurse or doctor who does not meet the standards of care can cause injury to a patient, and may result in claims for damages. To prevail in a birth injury case, an attorney must prove that the breach of duty directly led to your child's injuries. This can be proved with evidence like medical documents and expert testimony.

It is also necessary to establish that your child would not have suffered the injury if the medical professional had adhered to the standard of care. Medical experts are obligated to examine the case and provide an opinion regarding whether or not the doctor or hospital was acting in a manner that was inconsistent with the accepted medical practice.

Birth injuries can cause a lot of trauma and require medical treatment for a lifetime. It is crucial to make hospitals and doctors accountable for their negligence, and receive compensation to pay for the future needs of your child.

A lawyer experienced in handling medical malpractice cases will manage the entire legal process for you, which includes responding to insurer requests and filing an action against the accountable parties. They can also construct an evidence-based case and secure expert testimony, recover medical records along with other records and then fight for a fair settlement that covers the losses of your family and continue to pay for cost of care.

Damages

Medical experts are needed to review medical records, evidence from you and your family members, and other evidence in the birth injury lawsuit. They will help you prove that the doctor or hospital involved in your case violated their duty of care and caused your child to suffer injuries. Then, they'll calculate the damages you have suffered as a result of those injuries. Included are your future and current medical expenses in addition to lost wages, loss of quality of life emotional distress and other losses.

If nurses, doctors and other medical professionals make mistakes that are preventable prior to, during, or after the birth of your child, it could have devastating effects for your family. It can be difficult to take legal action against doctors and hospitals that have committed negligence or malpractice. They often have their own teams of lawyers working full-time to protect clients and deny claims or reduce settlement amounts.

When you employ an New York birth injury attorney injury lawyer who can hold the medical professionals at fault accountable. The lawyer will handle all communications with insurers and submit your claim to court, and build solid evidence-based arguments to prove liability. They will also work to secure you a fair settlement or verdict from a jury for your losses and lifetime healthcare costs. They can also make your claim in time to satisfy any applicable time limit, as the clock begins ticking off from the date of the malpractice or medical negligence.

Statute of Limitations

A successful claim for compensation in a birth injury case includes four parts. Your attorney can explain each of them and build a strong legal argument in support of your claim.

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

Defense attorneys can challenge any 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 believe it to be. They can also challenge your evidence as well as your expert witnesses and their opinions.

You'll need medical records, other documentation and an account of what occurred during the birth of your child. You'll also have to submit the demand package, which includes an outline of the individuals you believe should be named as defendants. A knowledgeable attorney can help you identify the proper defendants and make sure there is adequate insurance coverage. A lawyer can help advance litigation-related expenses, for example the fees of highly qualified medical experts. This can ease some of the financial burden that comes with litigating a claim for birth injury.