Birth Injury Lawsuits Explained

Birth is a dangerous and stressful experience, however families expect their medical professionals and doctors to provide a high level of medical care. Birth injuries can be devastating for families when they are not properly treated.

If you suspect your child suffered a birth injury due to medical negligence then contact a birth trauma lawyer for assistance. The most reputable lawyers will evaluate your case at no cost and charge no upfront fees. A successful claim requires proving the four elements of your case.

Duty of Care

Few life events are more memorable and special than the birth of a baby. However, the birth process can be difficult for some parents if medical mistakes cause serious injuries to the baby during labor and delivery. These errors can be irreparable and cause a family endure a lifetime of difficulties.

Doctors and other medical professionals owe a legal duty to treat patients with the care and skill ordinarily expected of health care providers in their respective fields under similar circumstances. This is known as the duty of care. To win a claim against a healthcare provider who is at fault, Birth Injury Lawsuits you must prove that the medical professional breached this duty. This usually means proving how the medical professional's actions, or the lack of them, differed from what a qualified and reasonably trained medical professional would have done in the same circumstances.

The second aspect of a negligence claim is causation. You must establish through medical records and evidence from an expert that the healthcare professional responsible for the breach of duty caused your child's injuries. A doctor, for instance could not have observed your child's vitals during labor and birth. This could have caused brain damage from prolonged oxygen deprivation.

Damages are the final element in an effective negligence case. You must demonstrate that you and your child suffered real, tangible financial losses from the at-fault medical professional's failure to perform their duty of care. This usually includes future and past medical expenses, lost wages and non-economic losses like pain and suffering.

Causation

Medical professionals are required to patients to provide treatment that is in line with the highest standards of care in their field. If a physician or nurse does not meet the standards of care, it could cause injury to the patient, and lead to 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 has to be proven by evidence, like medical documents or expert testimony.

It is also important to prove that your child would not be injured in the event that a medical professional provided the standard of medical care expected. Medical experts are expected to review the case and provide an opinion as to whether or not the doctor or hospital performed a procedure that was inconsistent with accepted medical procedures.

Birth injuries can have life-altering consequences that require an ongoing series of medical treatments and other expenses. It is important to hold at-fault doctors and hospitals accountable for their actions and seek compensation to help provide for your child's future requirements.

A lawyer who is experienced in handling medical malpractice cases will manage the entire legal process for you, including responding to insurance requests and bringing an action against the accountable parties. They can also develop an evidence-based case, secure expert testimony, recover medical records and other documents and seek an appropriate settlement to cover your family's losses as well as lifetime expenses for medical care.

Damages

A birth injury lawsuit requires the expertise of medical experts who review medical records, testimony from you and your family, and other evidence. They will prove that the doctor involved in your case violated their duty of care for your child and causing injuries to your child. They will then determine the amount of damage you have suffered due to those injuries. Included are your future and current medical costs and lost wages, as well as loss in quality of life emotional distress, and other losses.

It can be devastating for your family if doctors, nurses and other medical professionals make inexcusable mistakes prior to, during or after the birth of your child. It isn't easy to bring legal action against doctors and hospitals 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.

You can hold medical professionals accountable for their actions by hiring a New York birth injuries lawyer. Your attorney will handle communications with insurers and will file your claim in court, and develop an evidence-based argument to establish responsibility. They will also try to secure you an appropriate settlement or verdict from a jury to cover your losses and future expenses for medical care. They will also file your lawsuit in time to be in compliance with any applicable statute of limitations, since the clock starts ticking on the date of the malpractice or medical negligence.

Statute of Limitations

A successful claim for compensation in a birth injury lawsuit requires four components. Your attorney can help you understand the various elements and develop a strong legal case in support of your claim.

Medical negligence claims require you to demonstrate that the defendant was under an obligation to care for your child, and that they breached this duty, and that this breach caused the injuries to your child. It is essential to prove causation in order to be successful in a claim. This means that the defendant's actions or inability to act resulted in the injury of your child.

Defendants can challenge each of these elements. They can claim that there isn't a doctor-patient relationship or that the standard of care is not what you claim it to be. They can also contest your evidence and expert witnesses or their opinions.

To prove breach of obligation, you'll need submit medical records and other documents as well as a written statement of what went wrong in your child's birth. Also, you'll need submit a demand packet that contains the names of all people you consider to be defendants. An experienced lawyer can assist you in identifying the proper defendants and make sure there is enough insurance coverage. A lawyer can also assist with the advancement of litigation-related costs like the cost of highly qualified medical experts. This helps ease some of the financial burden that comes with litigating a birth injury claim.