New York Birth Injury Lawsuits

Both the mother and the child could be at risk during the birth of a child. While medical advances have made the process much safer but the nurses and doctors involved must still uphold professional standards.

A lawyer experienced in the area of birth injury law will examine medical records, consult experts and fight to secure the compensation you deserve to prove your case. A successful claim may cover all your expenses, both future and past.

Duty of Care

The birth of a child is among the most exciting events that a family could experience. However, that event can turn traumatic when medical mistakes during labor, birth injury attorneys and delivery result in injuries to the baby. In New York, healthcare providers have a legal obligation to treat patients with the highest standard of care. If healthcare providers and doctors providers do not meet this standard, it could be possible for patients to file a lawsuit to recover damages.

To win a claim in court, it is necessary to establish that the defendant was liable to the plaintiff under a duty of care. This is accomplished by proving that a doctor-patient relationship was established, as well as establishing the appropriate standard of medical care for a provider in the context. This is usually done by medical documents and expert witness testimony.

If a healthcare professional violated the duty of care, the person who was injured must prove that the injury was directly caused by this breach. In other terms, the harm would not have happened if it wasn't for the breach. Additionally, the plaintiff must prove that he or she suffered damages. These damages can include physical and emotional harm, medical expenses incurred by the injury, income loss if the injury prevented the victim from working, and much more.

In most cases, a birth trauma situation will involve medical experts who can give an estimate of the lifelong cost of care that victims' injuries could require. These expenses can be enormous, and they are an essential element of the success of a claim.

Breach of Duty

Whether a healthcare provider owed you a duty of care or not depends on the circumstances. It is also dependent on medical professional norms and standards established by the medical profession in similar circumstances. It may be necessary to involve medical experts to establish the standard that is appropriate for your particular situation.

To win your case, you need to establish that the defendant acted in breach of this obligation when he failed to act in accordance with medically recognized procedures. A lawyer who is experienced will know the best method to gather and present evidence in court. Your lawyer will also be acquainted with the defenses argued by the defendants or their insurers in these cases.

You must be able to prove that the breach of duty caused your child to suffer birth injuries. This is the most difficult part of the case because it involves arguing that your child wouldn't have suffered injuries if it weren't due to the negligence of the defendant. This is why it's so important to have a skilled New York birth injury lawyer to your side. A lawyer will know how to gather evidence and demonstrate that the injury to your child could have been prevented. They will also know how to prove the full extent of your child's injuries so that you can claim all the damages to which you are entitled.

Causation

Birth injuries can be devastating for both the child and parents. In addition to the emotional trauma, there are financial costs for medical and treatment. These costs could include hospitalizations, surgery and medication and home health aides and physical therapy. In some instances these expenses may extend into adulthood.

You must show that the medical professional breached their duty of care. It is necessary to establish that a doctor-patient relationship exists and that the medical professional failed to provide the standard of care and professionalism expected in similar circumstances. The plaintiff must also prove that the breach was the cause of the injury.

The process of proving the medical malpractice case is a complex matter and differs in each state. It is essential to hire an attorney who has experience in your particular legal jurisdiction.

The first step is to schedule a complimentary consultation with an attorney. During the consultation, an attorney will determine whether your claim is valid and will discuss possible legal strategies. They will also talk about the options available to you for seeking damages for your child's injuries. The legal process typically begins with your attorney submitting an Summons and Complaint against the defendant. After that, they'll be involved in a discovery process which involves the exchange of evidence and other information between both sides of the lawsuit.

Damages

A majority of birth injuries cases involve complex damages calculations. For instance, serious injuries can result in lifetime care needs that exceed millions of dollars. This could include 24 hour in-home medical and nursing care, occupational and physical therapy or other treatment that is specialized. It is difficult to assess the cost of such needs without consulting experts.

To be successful in a claim the plaintiff must demonstrate that the defendant did not fulfill their duty of care. This means establishing a proper standard of care. The standard is usually determined by the medical profession's own customs and practice in similar circumstances. To prove this an experienced attorney will seek the advice of expert medical witnesses who can analyze the evidence in the case and provide evidence about the way in which the doctor or hospital failed to meet this standard.

If an expert finds a breach of duty, the next step is to establish causality. This involves tying the breach of duty to the harm suffered by the mother or infant. To do this the attorney will mail a demand package with records and documentation to the malpractice insurance company of the hospital or doctor. The package will contain the documents and records that document the manner in which the negligence occurred.

Teams of lawyers work full-time for hospitals, doctors and medical insurance companies to protect their interests. They also reject or reduce claims. An experienced birth injury lawyer can help you navigate the legal system and construct an effective case to maximize your amount of compensation.