Birth Injury Lawsuits Explained

Families expect that their medical professionals and doctors will maintain a high level of care. If they fail to do so birth injuries can be devastating for families.

If you suspect your child has suffered a preventable birth injury as a result of medical malpractice or birth injuries, you should contact a birth injury lawyer for help. The most reputable lawyers will review your case without charging any upfront fees. A successful claim will require proving the four elements of your case.

Duty of Care

Few occasions in life are more memorable and special than the birth of a baby. Unfortunately, this process could be difficult for parents if medical mistakes cause severe injuries to their baby during labor and birth. These errors can be irreparable and cause a family to confront a long list of challenges.

Doctors and other medical professionals are legally bound to treat patients with the care and skill ordinarily expected of health care providers in their respective fields under similar circumstances. This is referred to as the duty of care. You must prove that a medical professional has violated this duty in order to prevail on an action. This usually involves demonstrating how the medical professional's actions or absence of actions, differed from what a competent and properly trained medical professional would do under similar circumstances.

The second aspect in a negligence lawsuit is the causation. You must prove via medical records and evidence from an expert that the healthcare provider at fault's breach of duty led to your child's injuries. For example, a doctor may not have observed your child's vital signs during labor and delivery. This could have caused brain damage due to the prolonged oxygen deprivation.

Damages are the final aspect in the case of a successful negligence claim. You must prove that either you or your child suffered actual, quantifiable losses as a result of the healthcare professional's negligence in their duty of care. This usually includes past and future medical expenses, lost wages and other non-economic losses such as suffering and pain.

Causation

Medical professionals have a duty to their patients to provide them with care that is in line with standards of their field. If a doctor or nurse does not meet the standards of care, it could cause injury to the patient, and lead to a claim for damages. To win a case involving birth injuries, an attorney will have to prove that the breach of duty caused your child's injury. This has to be proved by evidence like medical records and expert testimony.

It is also important to prove that your child wouldn't be injured if a medical professional had performed the treatment expected. Medical experts are required to examine the case to determine if the physician or hospital was acting in a manner not consistent with the accepted medical practice.

Birth injuries can cause life-altering effects that require the use of a lifetime of medical treatment and other costs. It is crucial to hold at-fault doctors as well as hospitals responsible for their actions and seek compensation to ensure your child's future needs.

A lawyer who has handled medical malpractice cases can manage the entire legal process, including responding to insurance requests and bringing a lawsuit against the responsible parties. They can also build an evidence-based case and secure expert testimony, locate medical records and other records and negotiate a fair settlement that covers the losses of your family and continue to pay for expenses for medical care.

Damages

A birth injury lawsuit requires the expertise of medical experts who will review medical records, testimony from you and your family as well as other evidence. They will help you establish that the doctor or hospital involved in your case violated their duty of care and caused injuries to your child. They will then estimate the damages that you have suffered due to those injuries. Included are your future and current medical expenses as well as lost wages, diminished quality of life emotional distress and other losses.

If nurses, doctors, or other medical staff commit preventable errors before or during the birth of your child, it can have devastating consequences for your family. It can be also difficult to take legal action against doctors and hospitals who may have committed negligence or malpractice. They have lawyers on staff who are employed full-time to protect their clients, deny claims or decrease settlements.

Medical professionals can be held accountable for their actions by hiring an New York birth injuries lawyer. Your lawyer will contact the insurance companies and file a claim with the court and build a solid proof-based case to prove liability. They will also advocate for you to obtain an equitable jury verdict, or settlement for your losses and care costs over your life. They will also submit your lawsuit on time to satisfy any applicable statute of limitations, since the clock begins ticking off from the date of the medical negligence or malpractice.

Statute of Limitations

Four components are essential for a successful claim for compensation if birth injuries occur. Your lawyer can help you understand the elements and create an argument that is legal and strong to support your claim.

Medical negligence claims rely on the defendant's obligation to you a duty of care and that the defendant violated this duty and that the breach directly resulted in your child's injuries. It is essential to prove causation to win a claim. This means that the defendant's actions or omission to act could not have caused the injuries to your child.

The defendants have the option of challenging any of these elements. They may argue that there is no doctor-patient connection or that the standard of care is not what you claim it is. They can also challenge your evidence, or the opinions of your expert witnesses.

To prove that you have breached your duty, you'll have to submit medical records and other evidence and a written statement of the circumstances that led to the birth of your child. Also, you'll need to submit an application package that includes an outline of the individuals you think should be named as defendants. An experienced attorney can assist you in identifying proper defendants and make sure there is adequate insurance coverage. Lawyers can assist in advancing litigation-related costs, such as the fees of highly qualified medical experts. This can ease some of the financial stress associated with litigating claims for birth injuries.