Birth Injury Lawsuits Explained

Birth is a dangerous and stressful experience, however families expect their medical professionals and doctors to adhere to a high standard of care. When they do not, birth injury law firms injuries can be devastating for families.

If you suspect your child suffered a preventable birth injury due to medical negligence, contact a birth injury lawyer for help. Professionals with a good reputation will assess your case without charging any upfront fees. A successful claim will require proving the four elements of your case.

Duty of Care

The birth of a baby can be one of the most exciting and memorable events in a person's life. However, this event can be stressful for parents if medical errors cause severe injuries to their baby during birth and labor. These errors could be irreparable and create the possibility of a lifetime of difficulties for families.

Medical professionals and doctors have the legal obligation of treating their patients with the same attention and expertise that is expected from health care professionals of similar professions in similar situations. This is called the duty of care. To win a claim against a healthcare provider at fault, you must prove that the medical professional violated this duty. This usually involves demonstrating that the medical professional's actions or failure to act deviated from what a reasonably trained and competent medical professional would have done in the same circumstances.

The third element of a negligence claim is the causation. You must show, via medical evidence and expert testimony that the healthcare provider at fault's breach of duty caused the injury of your child. For instance, a physician might have not been able to keep track of your child's vital signs during labor and delivery. This could have resulted in prolonged oxygen deprivation which, in turn, caused brain damage.

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

Causation

Medical professionals are required to their patients to provide them with care that is consistent with the standards of their field. A nurse or doctor who fails to adhere to the standard of care may cause injuries to a patient and lead to claims for birth injury 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 with evidence, including medical documents or expert testimony.

It is also crucial to establish that your child would not be injured in the event that a medical professional been able to provide the level of care that is expected. Medical experts are expected to examine the situation and provide their opinion on whether or not the doctor or hospital performed a procedure that was incompatible with the accepted medical practice.

Birth injuries can cause life-altering consequences that require a lifetime of medical treatments and other costs. It is important that you make hospitals and doctors accountable for their negligence and seek compensation to pay for the future requirements of your child.

A lawyer who is experienced in handling medical malpractice cases can oversee the entire legal process for you, which includes responding to insurance requests and filing lawsuits against the responsible parties. They can also build an argument with the help of evidence, obtain expert testimony, retrieve documents and medical records, and fight for fair settlements to cover family's life-long care costs and expenses.

Damages

A birth injury lawsuit requires the expertise of medical experts who examine medical records, testimonies from your family and you, and other evidence. They will help you prove that the hospital or doctor involved in your case breached their duty of care and caused injuries to your child. Then, they'll calculate the damages you have suffered due to those injuries. This includes the current and future medical expenses, the loss of income, the loss of quality of life, emotional distress and many other losses.

It can be a tragedy for your family members when doctors, nurses and other medical staff commit errors that could have been avoided prior to, during or after the birth your child. It can be also difficult to take legal action against hospitals and doctors who could have committed negligence or malpractice. They usually have their own legal teams working full-time to protect clients and to deny claims or reduce settlement amounts.

When you employ a New York birth injury lawyer to represent you, you can hold at-fault medical professionals accountable. The lawyer will handle all communications with insurers and then make your claim to the court, and construct solid evidence-based arguments to prove the liability. They will also advocate for you to win a fair jury verdict or settlement for your damages and costs over the course of your entire life. They can also make your claim in time to be in compliance with any applicable statute of limitations, since the clock starts ticking from the date of the medical negligence or malpractice.

Statute of limitations

A successful claim for compensation in a birth injury case is based on four components. Your attorney can help you understand the elements and create an effective legal argument to support your claim.

Medical negligence claims rely on showing that the defendant owed you the obligation of care, that the defendant breached this obligation, and that the breach directly resulted in the injuries to your child. It is crucial to prove causation in order to be successful in an action. This means that the defendant's actions or inability to act would not have resulted in the injury of your child.

Defendants may challenge any of these elements. They could argue that there is no doctor-patient connection or that the standard of care isn't what you claim it to be. They may challenge your evidence or the opinions of your expert witnesses.

You'll have to provide medical records, other documentation along with an account of what occurred during the birth injury attorneys of your child. You'll also have to submit the demand package, which includes an inventory of all the parties you think should be named as defendants. A knowledgeable attorney can help you identify the right defendants and ensure that there is sufficient insurance coverage. A lawyer can assist you in advancing litigation-related expenses, for example the expenses of highly qualified medical experts. This can ease some of the financial stress associated with litigating a claim for birth injury.