Birth Injury Lawsuits Explained

Families are conditioned to believe that their medical professionals and doctors will provide a high standard of care. Birth injuries can be devastating for families when they're not properly treated.

If you suspect that your child was born with a preventable injury due to medical negligence then contact a birth trauma lawyer to get help. The most reputable lawyers will review your case with no upfront costs. A successful claim requires the proof of the four elements of your case.

Duty of Care

Few life events are more joyous and special than the birth of a baby. Unfortunately, the procedure can be very stressful for parents if medical mistakes cause serious injuries to the baby during the labor and delivery. These mistakes could be irreparable and cause an entire series of problems for the entire family.

Medical professionals and doctors are required by law to treat patients with the care and skill ordinarily expected of health professionals in their respective fields under similar circumstances. This is known as the duty of care. You must prove that a medical professional acted in violation of this duty in order to prevail on a claim. This usually involves demonstrating how the medical professional's actions, or lack thereof, differed from what a qualified and properly trained medical professional would do under the same circumstances.

The third element of a negligence claim is 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 example, a doctor might have not been able to keep track of your child's vital indicators during labor and birth. This could have led to prolonged oxygen deprivation, which then led to brain damage.

Damages are the last aspect in the case of a successful negligence claim. You must prove that you and your child suffered actual real, tangible financial losses from the healthcare professional's failure to perform their duty of care. This includes future and past medical expenses, lost wages, and also non-economic damages such as pain and discomfort.

Causation

Medical professionals are required to their patients to provide care that is consistent with the standards in their area of expertise. A doctor or nurse who fails to adhere to the standard of care can cause injuries to a patient and lead to the possibility of a claim for damages. To win a birth injury lawsuit the attorney must prove that the breach of duty directly caused your child's injuries. This must be proved with evidence, like medical documents or expert testimony.

It is also important to establish that your child would not have suffered an injury when a medical professional been able to provide the level of treatment expected. Medical experts are asked to review the case to determine if the physician or hospital behaved in a manner that was not in line with the accepted medical practice.

Birth injuries can alter the course of your child's life and require medical attention for a lifetime. It is important that you make hospitals and doctors accountable for their mistakes, and receive compensation to meet the future requirements of your child.

A lawyer experienced in handling medical malpractice cases can oversee the entire legal process for you, which includes responding to insurance requests and filing an action against the accountable parties. They can also construct an argument using evidence, get expert testimony, obtain documents and medical records and argue for fair settlements that cover the family's costs for care throughout their lifetime and losses.

Damages

Medical experts are needed to review medical records, testimony from you and your family members, and other evidence in a birth injury lawsuit. They will determine if the doctor who is involved in your case has not complied with their duty to provide care and harmed your child. They will then estimate the damages that you have suffered due to those injuries. These include your current and future medical expenses as well as loss of wages, loss of quality of life, emotional distress and many other losses.

When doctors, nurses, and other medical staff make mistakes that are preventable prior to, during, or after the birth of your child, it can have devastating consequences for your family. It isn't always easy to bring legal action against hospitals and doctors that have acted negligently or with a lack of care. They usually have their own teams of lawyers who are on call 24/7 to protect their clients and deny claims or reduce settlement amounts.

If you hire a New York birth injury lawyer, you can hold medical professionals at fault accountable. The lawyer will negotiate with the insurers, file a claim in court and develop a solid argument based on evidence to establish the responsibility. They will also try to secure you an appropriate settlement or jury verdict for your losses as well as lifetime care costs. They will also bring your case in time to satisfy any applicable time limit, as the clock starts ticking on the date of the medical negligence or malpractice.

Statute of limitations

Four factors are essential to file a claim for compensation when birth injury lawsuits injuries occur. Your lawyer can help you understand the components and build an effective legal argument to support your claim.

Medical negligence claims are based on proving that the defendant owed you an obligation of care and that the defendant violated this duty and that the breach directly led to your child's injuries. In order for a claim to be successful it is essential that you establish causation, which means that the injuries suffered by your child would not have occurred if it weren't for the defendant's actions (or inaction).

Defendants can challenge each of these elements. They may claim that there isn't a doctor-patient relationship or that standard of care is not what you claim it to be. They can also challenge your evidence, or the opinions of your expert witnesses.

You'll need medical records, any other documentation in addition to an account of what happened during the birth of your child. Additionally, you'll need to make an application for a demand form, which includes a list of the people you think should be named as defendants. An experienced attorney will assist you in identifying the most appropriate defendants and ensure there is sufficient insurance coverage. A lawyer can assist with litigation-related costs, such as the expenses of highly qualified medical experts. This can help reduce some of the financial stress associated with pursuing the case of birth injury.