Birth Injury Lawsuits Explained

Childbirth is a risky and stressful experience, but families expect their medical professionals and doctors to ensure a high quality of care. If they don't, birth injuries can be devastating for families.

If you suspect your child has suffered a preventable birth injury due to medical negligence then contact a birth trauma lawyer for assistance. The most reputable lawyers will review your case and not charge any upfront costs. To prove your claim, you must prove the four elements.

Duty of Care

The birth of a child is one of the most joyous and special events in a person's lifetime. Unfortunately, this process can be traumatic for parents if medical blunders result in serious injuries to their child during birth and labor. These errors could be irreparable and cause the possibility of a lifetime of difficulties for the family.

Medical professionals and doctors have a legal obligation to treat their patients with the same care and skill that is expected from health care providers of similar professions under similar circumstances. This is known as the duty of care. You must prove that a medical professional acted in violation of this duty to win a claim. This usually means proving that the medical professional's actions, or the failure to act was different from what a reasonably trained and competent medical professional would have done under similar circumstances.

The second part of a negligence claim is 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 instance, a physician might not have been able to observe your child's vital indicators during labor and birth. This could have led to brain damage from prolonged oxygen deprivation.

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

Causation

Medical professionals owe a duty to patients to provide care that is consistent with the highest standards of care in their field of. If a physician or nurse fails to meet the standard of care, it may result in injury to the patient, and lead to an action for damages. To succeed in a case of birth injury an attorney must demonstrate that the breach of duty directly led to your child's injuries. This can be proven with evidence such as medical records or expert testimony.

It is also necessary to establish that your child would not have suffered the injury even if the medical professional performed the required standard of medical care. Medical experts are obligated to examine the case and provide an opinion as to whether or not the hospital or doctor performed a procedure that was not in accordance with the accepted medical practice.

Birth injuries can have life-altering effects that require a lifetime of medical treatments and other costs. It is crucial to hold at-fault physicians and hospitals responsible for their negligence and obtain compensation that can help pay for your child's future needs.

A lawyer who has handled medical malpractice cases has the ability to handle the entire legal process including responding to insurance inquiries and filing a lawsuit against the accountable parties. They can also create an evidence-based case, secure expert testimony, retrieve medical records along with other records and seek a fair settlement to cover your family's losses and lifetime cost of care.

Damages

A birth injury lawsuit requires the expertise of medical experts who examine medical records, evidence from your family and you, and other evidence. They will help you prove that the doctor or hospital involved in your case breached their duty of care and caused your child to suffer injuries. Then, they'll estimate the damages that you have suffered as a result of these injuries. Included are your current and future medical expenses, lost wages, loss in quality of life emotional distress and other losses.

It can be devastating for your family when nurses, doctors and other medical professionals make errors that could have been avoided prior to, during or after the birth your child. It isn't always easy to bring legal action against hospitals and doctors that may have committed malpractice or negligence. They usually have their own teams of lawyers who are full-time employed to protect their clients and defend against claims or reduce settlement amounts.

When you employ an New York birth injury lawyer to represent you, you can hold medical professionals who are at fault accountable. Your attorney will handle communications with insurance companies, submit your claim to court, and develop solid evidence-based arguments to prove responsibility. They will also work to secure you a fair settlement or verdict from a jury for your losses and life-long care costs. They can also file your lawsuit in time to meet any applicable time limit, as the clock begins ticking off from the date of the medical negligence or malpractice.

Statute of Limitations

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

Medical negligence claims require the defendant's obligation to you a duty of care, that the defendant breached this duty, and that the breach directly resulted in the injuries to your child. To be successful in a claim, it is also essential to prove causation which means that the injuries suffered by your child would not have happened if not for the actions of the defendant (or failure to act).

Defense attorneys can challenge any of these elements. They can argue that you aren't establishing a doctor-patient partnership or that the standard of care you provide is different from what you declare it to be. They may also challenge your evidence, or the opinions of your expert witnesses.

To prove a breach of obligation, you'll need provide medical records and other documents, and provide a statement of what went wrong during your child's birth. Also, you'll need make an application for a demand form that includes an inventory of the people you consider to be defendants. A skilled lawyer can help you establish the appropriate defendants and make sure there's sufficient insurance coverage. Lawyers can also help with the advancement of litigation-related costs like the cost of highly qualified medical experts. This can help ease some of the financial burden that comes with pursuing a birth injury claim.