Birth Injury Lawsuits Explained

Childbirth is a risky and stressful time, but families expect their doctors and other medical professionals to adhere to a high standard of medical care. If they fail to do so birth injuries can be devastating to families.

If you suspect that your child suffered a birth injury due to medical negligence or birth injuries, you should contact a birth injury lawyer to get help. Professionals with a good reputation will assess your case free of charge and will not charge any upfront fees. A successful claim requires proving the four elements of your case.

Duty of Care

Few life events are more exciting and special than the birth of a baby. Unfortunately, the process can be traumatic for parents if medical errors cause serious injuries to the baby during the labor and delivery. These mistakes are often irreparable and make a family face a lifetime of challenges.

Doctors and other medical professionals have a legal obligation to treat patients with the same care and skill that is normally expected of health care providers in their respective fields in similar situations. This is called the duty of care. To prevail in a lawsuit against a healthcare provider who is at fault it is necessary to prove that the medical professional breached this duty. This typically means proving that the medical professional's actions or inability to act was different from what a reasonably educated and competent medical professional would have done under similar circumstances.

The second element of a negligence claim is causation. You must establish, through medical evidence and expert testimony that the at-fault provider's negligence led to the injury to your child. A doctor, for example might not have supervised the vitals of your child during labor and birth. This could have resulted in prolonged oxygen deprivation which in turn caused brain damage.

The final component of a successful negligence claim is damages. You must demonstrate that you and your child suffered real, tangible financial losses from the at-fault medical professional's inability to meet their obligation of care. This includes past and future medical expenses in addition to lost wages, and also non-economic damages like pain and discomfort.

Causation

Medical professionals have a responsibility to their patients to provide them with care that is in accordance with standards in their field. If a nurse or doctor fails to meet this standard of care, it could cause injury to the patient and result in an action for damages. To succeed in a case involving birth injuries, an attorney will need to prove that the breach in duty caused the injury to your child. This has to be proven by evidence, including medical documents or expert testimony.

It is also crucial to prove that your child would not have suffered a traumatic injury in the event that a medical professional given the level of treatment expected. Medical experts are obligated to examine the situation and offer their opinions regarding whether or not the hospital or doctor did something that was inconsistent with accepted medical procedures.

Birth injuries can cause life-altering impacts that require the use of a lifetime of medical treatment and other expenses. It is important to hold at-fault physicians and hospitals responsible for their negligence and obtain compensation that can help ensure your child's future needs.

A lawyer with experience in handling medical malpractice cases can manage the entire legal process for you, which includes responding to insurer requests and filing a lawsuit against the responsible parties. They can also build an evidence-based argument and obtain expert testimony, locate medical records and other documents and negotiate a fair settlement that covers your family's losses as well as lifetime care costs.

Damages

A birth injury lawsuit requires the expertise of medical experts who will examine medical records, evidence from your family and you as well as other evidence. They will prove that the doctor in your case violated their duty to care and caused injuries to your child. They will also estimate the damage you have suffered because of those injuries. These include your current and future medical expenses in addition to loss of wages, loss of quality of life, emotional distress, and many other losses.

When doctors, nurses, and other medical professionals make mistakes that are preventable prior to or during the birth of your child, it could cause devastating harm to your family. It can be difficult to take legal action against hospitals and doctors who have committed negligence or malpractice. They usually 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 an New York birth injuries lawyer. Your lawyer will handle communications with insurers, make your claim to the court, and construct an evidence-based argument to prove responsibility. They will also advocate for you to secure a fair jury verdict or settlement for your losses and expenses over your lifetime. They will also make your claim in time to be in compliance with any applicable statute of limitations, as the clock begins ticking off from the date of the medical negligence or malpractice.

Statute of limitations

Four components are essential to file a claim for compensation when birth injuries occur. Your lawyer can explain each element and formulate a convincing legal argument to support your claim.

Medical negligence claims depend on being able to prove that the defendant owed you the obligation of care, that the defendant breached this obligation, and that the breach directly led to the injuries to your child. In order for a claim to be successful it is also necessary to prove causation which means that your child's injuries could not have occurred without the actions of the defendant (or negligence).

Defendants can challenge each of these elements. They may argue that you haven't established a doctor-patient connection or that the standards of care are different from what you declare it to be. They can also challenge your evidence, or the opinions of your expert witnesses.

You'll need to provide medical records, any other documentation and a statement describing what occurred during the birth of your child. Additionally, you'll need to file a demand package with the names of all parties you believe should be named as defendants. An experienced lawyer can assist in identifying the appropriate defendants and ensure there's adequate insurance coverage. Lawyers can assist in advancing costs related to litigation, including the fees of highly experienced medical experts. This can help to reduce some of the financial stress associated with litigating claims for birth injuries.