Birth Injury Lawsuits Explained

Families are conditioned to believe that their medical doctors and other professionals will maintain a high level of care. Birth injuries can be devastating for families if not properly treated.

If you suspect your child has suffered a preventable birth injury as a result of medical malpractice, contact a birth injury lawyer for assistance. The most reputable lawyers will evaluate your case free of charge and charge no upfront fees. A successful claim requires the proof of the four elements of your case.

Duty of Care

The birth of a child is one of the most exciting and memorable events in a person's lifetime. Unfortunately, the procedure can be very stressful for parents who have medical errors result in serious injuries to the baby during the labor and delivery. These mistakes can be irreparable and cause a lifetime of challenges for the entire family.

Doctors and other medical professionals owe a legal duty to treat patients with the same care and competence that is expected of health care providers in their field under similar circumstances. This is referred to as the duty of care. In order to win a case against a healthcare provider at fault you must prove that the medical professional breached this duty. This usually involves demonstrating how the medical professional's actions, or their lack thereof, were different from what a qualified and appropriately trained medical professional would do in similar circumstances.

The second aspect of a negligence claim is the causation. You must show, via medical records and expert testimony, that the at-fault healthcare professional's breach of duty caused your child's injury. For instance, a doctor may have failed to monitor your child's vital indicators during labor and birth. This could have caused brain damage due to the prolonged oxygen deprivation.

The final element of a successful negligence claim is proving damages. You must prove that you and your child suffered actual tangible financial losses that resulted from the healthcare professional at fault's failure to perform their duty of care. This includes past and future medical expenses and lost wages and also non-economic damages like pain and discomfort.

Causation

Medical professionals have a duty to their patients to provide treatment that is in accordance with standards in their area of expertise. A nurse or doctor who does not meet the standards of care could cause injury to a patient and may result in a claim for damages. To succeed in a birth injury case, an attorney must prove that the breach of duty directly led to the injuries suffered by your child. This must be proved with evidence, like 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 adhered to the standard of medical care. Medical experts are required to examine the case to determine if the physician or hospital was acting in a manner not in accordance with the accepted medical guidelines.

Birth injuries can cause a lot of trauma and require medical attention for the rest of their lives. It is vital that you hold hospitals and doctors accountable for their negligence and seek compensation to pay for the future requirements of your child.

A lawyer experienced in handling medical malpractice cases will manage the entire legal process for you, which includes 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 documents and then fight for an appropriate settlement to cover your family's losses as well as lifetime cost of care.

Damages

A birth injury lawsuit requires the expertise of medical experts who will examine medical records, testimonies from you and your family as well as other evidence. They will determine if the doctor involved in your case violated their duty to care for your child and causing injuries to your child. They will also estimate the damages that you have suffered because of those injuries. This includes your future and current medical expenses, lost wages, loss of quality of life, emotional distress, and other losses.

If nurses, doctors and other medical staff make mistakes that could be avoided prior to, during, or after the birth of your child, it can result in devastating consequences for your family. It can be also difficult to initiate legal action against the hospitals and doctors who may have committed malpractice or negligence. They have lawyers on staff who are full-time employees to defend their clients, deflect claims or limit settlements.

When you employ a New York birth injury lawyer to represent you, you can hold at-fault medical professionals accountable. Your lawyer will handle communication with insurers and will submit your claim to court, and develop a strong evidence-based case to prove the liability. They will also work to secure you an equitable settlement or verdict from a jury for your losses and life-long cost of care. They may also start a lawsuit before the deadline for any applicable statute of limitation and the clock starts to tick from the time the malpractice or medical error occurred.

Statute of limitations

A successful claim for compensation in a birth injury case includes four parts. Your attorney can help you understand the elements and create an effective legal argument in support of your claim.

Medical negligence claims require that you demonstrate that the defendant was under an obligation to care for your child, that they breached this duty, and that his breach caused the injuries to your child. It is crucial to prove causation in order to prevail in an action. This means that the defendant's actions, or inability to act would not have resulted in the injury of your child.

The defendants may contest any of these elements. They can argue that you haven't established a doctor-patient relationship or that the standard of care is different from what you claim it to be. They can challenge your evidence or the opinions of your expert witnesses.

You'll need to submit medical records, any other documentation in addition to an explanation of what was wrong with the birth of your child. You'll also have to provide a demand package that includes the names of all individuals you think should be named as defendants. An experienced lawyer will assist you in identifying the proper defendants and make sure there is adequate insurance coverage. A lawyer can assist with costs associated with litigation, like the fees of highly experienced medical experts. This can help reduce some of the financial burden that comes with litigating a claim for birth injury.