Birth
Injury Lawsuits Explained
Childbirth is a risky and stressful experience, but families expect their doctors and other medical professionals to uphold a high standard of medical care. If they don't birth injuries can be catastrophic to families.
If you suspect that your child has suffered a preventable birth injury as a result of medical malpractice, contact a
birth injury lawyer for assistance. Professionals with a good reputation will assess your case with no upfront costs. In order to prove your claim, you must prove the four elements.
Duty of Care
The birth of a child is one of the most joyful and memorable moments in the life of a person. Unfortunately, this birthing process could be difficult for parents if medical blunders result in serious injuries to their child during the birth process and during labor. These errors can be irreversible and cause the possibility of a lifetime of difficulties for families.
Medical professionals and doctors owe a legal duty to provide patients with the level of care and skill ordinarily expected of health care providers in their respective fields under similar circumstances. This is called the duty of care. If you want to prevail against an at-fault healthcare provider you must show that the medical professional breached this duty. This typically means proving that the medical professional's conduct or failure to act was in violation of what a reasonably educated and competent medical professional would have done in similar circumstances.
The second element in a negligence lawsuit is the causation. You must prove, using medical records and expert testimony, that the at-fault healthcare provider's breach of duty caused your child's injury. A doctor, for example, may not have monitored your child's vitals during labor and delivery. This could have resulted in prolonged oxygen deprivation which then led to brain damage.
The final element of a successful negligence case is damages. You have to prove that you and/or your child suffered actual significant, quantifiable damages as a result of the healthcare provider's lapse in their duty of care. This includes past and future medical costs, lost wages, as well as other damages such as discomfort and pain.
Causation
Medical professionals have a duty to their patients to offer care that is in accordance with standards of their field. If a doctor or nurse does not meet the standards of care, they could cause an injury to the patient and result in a claim for damages. To prevail in a birth injury case the attorney must show that the breach of duty directly led to your child's injuries. This must be proven with evidence such as medical documents and expert testimony.
It is also essential to establish that your child would not have suffered the injury If the medical professional had met the expected standard of treatment. Medical experts are required review the case in order to determine if the physician or hospital behaved in a way that was not in accordance with the accepted medical guidelines.
Birth injuries can cause life-altering effects that need an ongoing series of medical treatments and other costs. It is vital that you make hospitals and doctors accountable for their mistakes and seek compensation to meet the future needs of your child.
An experienced lawyer who has handled medical malpractice cases can handle the entire legal process for you, from responding to insurance requests and bringing an action against the accountable parties. They can also develop an evidence-based case and get expert testimony, recover medical records and other records and then fight for a fair settlement that covers the loss of your family as well as lifelong care costs.
Damages
A birth injury lawsuit requires the expertise of medical experts who will examine medical records, testimonies from your family and you, and other evidence. They will prove that the doctor involved in your case has not complied with their duty of take care of your child and caused harm to your child. They will then determine the damage you've sustained as a result of these injuries. Included are your future and current medical costs, lost wages, loss of 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 can cause devastating harm to your family. It isn't always easy to bring legal action against doctors and hospitals who have acted negligently or in a negligent manner. They have lawyers on staff who are employed full-time to protect their clients, deny claims or decrease settlements.
If you hire a New York birth injury lawyer to represent you, you can hold medical professionals at fault accountable. Your lawyer will handle communications with insurance companies and submit your claim to court, and create an evidence-based case to prove liability. They will also advocate for you to obtain a fair jury verdict or settlement for your damages and costs over the course of your lifetime. They will also file your lawsuit in time to be in compliance with any applicable deadlines, since the clock starts ticking on the date of the medical negligence or malpractice.
Statute of Limitations
A successful claim for compensation in a birth injury case involves four elements. Your attorney can explain the elements and create an argument that is legal and strong to support your claim.
Medical negligence claims are based on the defendant's obligation to you a duty of care and that the defendant violated 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 omission to act could not have resulted in the injury of your child.
The defendants can challenge any of these elements. They could argue that you aren't establishing a doctor-patient partnership, or that the standard of care is different than what you assert it to be. Additionally, they may challenge your evidence and your expert witnesses or their opinions.
You'll need to submit medical records, any other documentation along with a statement describing what occurred during the
birth injury attorney of your child. Additionally, you'll need to submit an demand package that includes a list of the individuals you consider to be defendants. An experienced attorney can assist you in identifying most appropriate defendants and ensure there is sufficient insurance coverage. A lawyer can assist you in advancing costs associated with litigation, like the costs of highly skilled medical experts. This helps to alleviate some of the financial strain that comes with pursuing a birth injury claim.