Birth Injury Lawsuits Explained

Birth is a dangerous and stressful experience, but families expect their doctors and other medical professionals to adhere to a high standard of care. Birth injuries can be catastrophic for families when they are not properly treated.

Contact a birth injury lawyer to get help should you suspect that your child suffered an injury that could be prevented during birth due to medical malpractice. The most reputable lawyers will evaluate your case at no cost and will not charge upfront fees. A successful claim is based on the evidence of the four elements of your case.

Duty of Care

Few occasions in life are more joyful and memorable than the birth of a baby. Unfortunately, this birthing process could be difficult for parents if medical mistakes result in serious injuries to their child during the birth process and during labor. These mistakes are often irreparable and cause a family face a lifetime of challenges.

Medical professionals and doctors have a legal obligation to treat their patients with the same level of care and skill that is expected from health care professionals of similar professions in similar situations. This is called the duty of care. You must demonstrate that a medical professional acted in violation of this duty to be able to win a case. This usually means proving that the medical professional's actions or failure to act in a manner that was not consistent with what a reasonably educated and competent medical professional would have done under the same circumstances.

The second element in a negligence lawsuit is causation. You must establish through medical records and testimony from an expert that the healthcare professional at fault's breach of duty caused your child's injuries. For instance, a healthcare professional might not have been able to observe your child's vital signs during labor and delivery. This could have resulted in brain damage due to prolonged oxygen deprivation.

Damages are the last component in an effective negligence case. You must prove that either you or your child suffered actual significant, quantifiable damages as a result of the healthcare provider's lapse in their duty of care. This typically includes past and future medical expenses, lost wages and other non-economic losses such as pain and suffering.

Causation

Medical professionals are required to their patients to provide care that is consistent with the standards of their area of expertise. A nurse or Birth injury lawsuits doctor who does not meet the standards of care could cause injuries to a patient and may result in a claim for damages. In order to succeed in a case involving birth injuries, an attorney must prove that the breach of duty led to your child's injury. This must be proven with evidence like medical records and expert testimony.

It is also important to prove that your child would not have suffered the injury if the medical professional had adhered to the standard of medical care. Medical experts are required to review the case to determine if the doctor or hospital was acting in a manner not in line with accepted medical practices.

Birth injuries can have a profound impact on your life and require medical care for the rest of their lives. It is important that you hold doctors and hospitals accountable for their negligence, and receive compensation to pay for the future requirements of your child.

A lawyer who has handled medical malpractice cases can handle the entire legal process including responding to insurance inquiries and filing a suit against the accountable parties. They can also create a case using evidence, get expert testimony, locate medical records and documents and advocate for fair settlements to pay for the family's lifetime care costs and expenses.

Damages

A birth injury lawsuit requires the expertise of medical experts who will review medical records, testimony from you and your family, and other evidence. They will establish that the doctor in your case acted outside of their duty to care for your child and causing injuries to your child. They will then determine the damages you've sustained as a result of these injuries. These include the future and present medical expenses and lost wages, loss in quality of life, emotional distress and other losses.

It can be devastating for your family when doctors, nurses and other medical personnel make inexcusable mistakes prior to, during or after the birth of your child. It can be also difficult to bring legal action against the hospital and doctors who might have committed malpractice or negligence. They have lawyers on staff who work full-time for them to protect their clients, reject claims or decrease settlements.

By hiring a New York birth injury lawyer who can hold the medical professionals at fault accountable. Your lawyer will be in contact with the insurance companies and then file a claim in court, and create a strong argument based on evidence to establish liability. They will also advocate for you to secure a fair jury verdict or settlement for your losses and care costs over your lifetime. They will also submit your lawsuit on time to satisfy 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 for a successful claim to be compensated when a birth injury occurs. Your attorney can explain the elements and create a strong legal case in support of your claim.

Medical negligence claims require you to demonstrate that the defendant was under an obligation of care for your child, that he breached that duty, and that this breach caused the injuries to your child. In order for a claim to be successful it is essential that you establish causation, which means that your child's injuries would not have occurred if it weren't for the actions of the defendant (or inaction).

Defendants can challenge each of these elements. They may argue that there is no doctor-patient relationship, or that the standard care is not what you claim it is. They can also challenge your evidence and your expert witnesses opinion.

You'll need medical records, as well as other evidence in addition to a statement describing what occurred during the birth of your child. Also, you'll need submit a demand packet, which includes an inventory of the parties you think should be named as defendants. A skilled lawyer can help to identify the proper defendants and make sure there's sufficient insurance coverage. A lawyer can help advance costs associated with litigation, like the costs of highly skilled medical experts. This can ease some of the financial stress associated with pursuing an injury claim arising from birth injury attorney.