Birth Injury Lawsuits Explained

Families expect that their medical doctors and other professionals maintain a high level of care. Birth injuries can be catastrophic for families when they're not treated appropriately.

If you suspect that your child suffered a birth injury due to medical malpractice, contact a birth injury lawyer for help. A reputable lawyer will review your case without charging any upfront fees. In order to prove your claim, you must demonstrate the four elements.

Duty of Care

The birth of a baby is one of the most joyous and memorable events in a person's life. Unfortunately, the birth injury attorney process can become traumatic for parents if medical blunders cause severe injuries to their baby during labor and birth. These mistakes can be irreparable and create an entire series of problems for families.

Doctors and medical professionals have the legal obligation of treating their patients with the same attention and expertise that they expect from health care providers of similar professions in similar situations. This is called the duty of care. You must prove that a medical professional violated this duty in order to prevail on an action. This usually means proving how the medical professional's actions or absence of actions, differed from what a qualified and appropriately trained medical professional would perform under the same circumstances.

The second aspect in a negligence case is the cause. You must prove with medical records and testimony from an expert that the healthcare professional responsible for the breach of duty led to your child's injuries. A doctor, for instance, may not have monitored your child's vitals during labor and delivery. This could have resulted in brain damage due to prolonged oxygen deprivation.

Damages are the last aspect in a successful negligence case. You must prove that you or your child experienced real, quantifiable losses as a result of the healthcare professional's failure in their duty of care. This includes past and future medical expenses and lost wages as well as non-economic damages like discomfort and pain.

Causation

Medical professionals are obligated to patients to provide care that is consistent with the standards of medical care in their field of. A nurse or doctor who fails to adhere to the standards of care could cause injuries to patients, and may result in an action for damages. To prevail in a birth injury case the attorney must prove that the breach of duty directly led to your child's injuries. This must be proved using evidence like medical records and expert testimony.

It is also important to establish that your child wouldn't have suffered a traumatic injury in the event that a medical professional provided the standard of medical care expected. Medical experts are called to examine the situation and give their opinion on whether the doctor or hospital acted in a way that was not in accordance with the accepted medical practice.

birth injury law firms injuries can alter the course of your child's life and require medical care for the rest of your life. It is crucial to make hospitals and doctors accountable for their mistakes, and receive compensation to cover the future needs of your child.

A lawyer who has handled medical malpractice cases can handle the entire legal process including responding to insurance requests and filing a lawsuit against the accountable parties. They can also construct an evidence-based case and secure expert testimony, obtain medical records along with other records and then fight for a fair settlement to cover your family's losses and lifetime care costs.

Damages

Medical experts are required to look over medical records, the testimony of you and your family members and other evidence in a birth injury lawsuit. They will determine if the doctor in your case violated their duty to care and caused injuries to your child. They will then estimate the damage you've suffered due to these injuries. Included are your present and future medical expenses and lost wages, as well as loss in quality of life emotional distress and other losses.

If nurses, doctors and other medical staff make mistakes that are preventable prior to or during the birth of your child, it could result in devastating consequences for your family. It isn't always easy to bring legal action against doctors and hospitals that have acted negligently or with a lack of care. They usually have their own teams of lawyers working full-time to protect their clients and deny claims, or reduce settlement amounts.

By hiring an New York birth injury lawyer to represent you, you can hold medical professionals at fault accountable. Your lawyer will communicate with the insurance companies and file a claim in court and develop a solid argument based on evidence to establish the responsibility. They will also fight to get you an equitable settlement or jury verdict to cover your losses and future healthcare costs. They can also bring your case in time to comply with any applicable statute of limitations, as the clock starts ticking from the date of the medical negligence or malpractice.

Statute of Limitations

Four elements are necessary for a successful claim to be compensated when a birth injury occurs. Your attorney can explain the factors and craft a strong legal case to support your claim.

Medical negligence claims require that you demonstrate that the defendant was under an obligation of care for your child, that he violated that duty and that this breach led to the injuries to your child. It is essential to prove causation to prevail in a claim. This means that the defendant's actions or failure to act resulted in the injury of your child.

Defense attorneys can challenge any of these elements. They can argue that you haven't established a doctor-patient connection, or that the standard of care you provide is different from what you believe it to be. They can challenge your evidence or the opinions of your expert witnesses.

You'll need to provide medical records, other documents and an explanation of what was wrong with the birth of your child. Additionally, you'll need to file an application package that includes an outline of the parties you think should be named as defendants. A knowledgeable lawyer can help to identify the proper defendants and ensure you have adequate insurance coverage. A lawyer can also help in advancing the costs associated with litigation including the costs for highly qualified medical experts. This can help ease some of the financial strain associated when litigating a birth injury claim.