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 catastrophic for families when they are not treated properly.
If you suspect your child was born with a preventable injury due to medical malpractice, contact a birth injury lawyer for assistance. Reputable lawyers will evaluate your case at no cost and charge no upfront costs. A successful claim requires proving the four elements of your case.
Duty of Care
Few events in life are more joyous and special than the birth of a baby. Unfortunately, this process can become traumatic for parents if medical blunders result in serious injuries to their baby during birth and labor. These mistakes can be irreversible and make a family confront a long list of challenges.
Doctors and medical professionals have an obligation under law to treat their patients with the same level of care and competence that is expected from health professionals of similar professions under similar circumstances. This is called the duty of care. To prevail in a lawsuit against an at-fault healthcare provider, you must prove that the medical professional breached this obligation. This usually involves demonstrating 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 under the same circumstances.
The second aspect of a negligence claim is causation. You must show, via medical records and expert testimony, that the at-fault healthcare provider's negligence caused the injury to your child. For instance, a healthcare professional might not have been able to observe your child's vital signs during labor and delivery. This could have caused brain damage due to the prolonged oxygen deprivation.
The final element of a successful negligence claim is proving damages. You have to prove that you and/or your child suffered real and quantifiable loss as a result of the healthcare professional's failure when it came to their duty of care. This includes past and future medical expenses such as lost wages, and also non-economic damages like discomfort and pain.
Causation
Medical professionals are obligated to patients to provide treatment consistent with the standard of care in their field of. A nurse or doctor who does not meet the standard of care can cause injury to a patient and result in an action for damages. In order to win a birth injury case an attorney must demonstrate that the breach of duty directly caused your child's injuries. This can be proved with evidence such as medical documents and expert testimony.
It is also necessary to prove that your child wouldn't have suffered the injury even if the medical professional met the expected standard of medical care. Medical experts are called to examine the case and provide their opinion on whether or not the doctor or hospital acted in a way that was incompatible with accepted medical practices.
Birth injuries can have life-altering impacts that require an ongoing series of medical treatments and other costs. It is essential to make hospitals and doctors accountable for their negligence and seek compensation to cover the future requirements of your child.
A lawyer who is experienced in handling medical malpractice cases can manage the entire legal process for you, from responding to insurance requests and filing a lawsuit against the responsible parties. They can also create an argument based on evidence, secure expert testimony, locate documents and medical records and negotiate fair settlements to pay for the family's life-long care costs and expenses.
Damages
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birth injury lawsuit requires the expertise of medical experts who will examine medical records, evidence from your family and you as well as other evidence. They will help you prove that the medical professional or hospital involved in your case violated their duty of care and caused your child injuries. They will then estimate the damages that you have suffered because of those injuries. Included are your future and current medical expenses as well as lost wages, loss of quality of your life emotional distress, and other losses.
It can be a devastating experience for your family when nurses, doctors and other medical staff commit unavoidable errors prior to, during or after the birth your child. It isn't always easy to bring legal action against doctors and hospitals that may have committed negligence or malpractice. They typically have their own legal teams working full-time to protect clients and deny claims or reduce settlement amounts.
When you employ an New York birth injury lawyer to represent you, you can hold at-fault medical professionals accountable. Your lawyer will be in contact with the insurance companies and file a claim with the court and construct a solid evidence-based case for establishing liability. They will also fight to get you an acceptable settlement or jury verdict for your losses and life-long care costs. They can also bring a lawsuit within the timeframe for any applicable statute of limitations and the clock starts to tick from the time the malpractice or negligence occurred.
Statute of limitations
A successful claim for compensation in a birth injury case requires four components. Your lawyer can explain each one and build a strong legal argument to support your claim.
Medical negligence claims rely on being able to prove that the defendant owed you an 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 to win a claim. This means that the defendant's actions, or inability to act resulted in the injury of your child.
The defendants can challenge any of these elements. They can argue that they don't have a doctor-patient relationship or that the standard of care is different from what you believe it to be. Additionally, they could challenge your evidence and your expert witnesses or their opinions.
To prove a breach of duty, you'll need to submit medical records and other evidence along with a statement of the circumstances that led to your child's
birth injury law firms. You'll also have to submit an application package that includes the names of all parties you think should be named as defendants. A knowledgeable lawyer can help in identifying the appropriate defendants and ensure you have adequate insurance coverage. Lawyers can assist in advancing litigation-related costs, such as the costs of highly skilled medical experts. This can ease some of the financial stress associated with litigating a claim for birth injury.