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Birth Injury Lawsuits Explained

Birth is a dangerous and stressful experience, but families expect their doctors and other medical professionals to uphold a high standard of medical care. Birth injuries can be devastating for families when they are not treated appropriately.

Contact a birth injury attorney to seek assistance if you suspect that your child suffered an injury that could have been prevented at birth as a result of medical malpractice. A reputable lawyer will review your case free of charge and will not charge upfront fees. A successful claim requires proving the four elements of your case.

Duty of Care

Few things in life are more memorable and special than the birth of a child. Unfortunately, the process can be difficult for some parents if medical mistakes cause serious injuries to the baby during the labor and delivery. These mistakes can be irreversible and make a family endure a lifetime of difficulties.

Medical professionals and doctors have a legal obligation to treat their patients with the same level of care and skill that is expected from health care professionals of similar professions under similar circumstances. This is called the duty of care. You must demonstrate that a medical professional acted in violation of this duty to settle a claim. This usually means proving that the medical professional's actions, or absence of actions, differed from what a qualified and competent medical professional would do in the same circumstances.

The second aspect of a negligence claim is the causation. You must prove with medical records and testimony from an expert that the healthcare professional who was at fault's negligence led to your child's injuries. For example, a doctor might not have been able to observe your child's vital signs during labor and delivery. This could have caused brain damage due to prolonged oxygen deprivation.

The final element of a successful negligence claim is proving damages. You must prove that you and your child suffered actual, quantifiable financial losses resulting from the at-fault healthcare professional's inability to fulfill 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 owe a duty to patients to provide care that is consistent with the standards of medical care in their specialization. If a nurse or doctor is not able to meet this standard of care, it may result in injury to the patient, and lead to a claim for damages. In order to win a birth injury lawsuit the attorney must show that the breach of duty directly led to your child's injuries. This can be proven through evidence, like medical documents or expert testimony.

It is also essential to establish that your child would not have suffered a traumatic injury even if a medical professional been able to provide the level of treatment expected. Medical experts are obligated to review the case and provide their opinion as to whether or not the doctor or hospital was acting in a manner that was not in accordance with accepted medical practices.

Birth injuries can cause life-altering effects that need a lifetime of medical treatments and birth injury lawsuit other expenses. It is important that you hold doctors and hospitals accountable for their mistakes, and receive compensation to meet the future needs of your child.

A lawyer experienced in handling medical malpractice cases can oversee the entire legal process for you, which includes responding to insurer requests and filing an action against the responsible parties. They can also construct an evidence-based case and secure expert testimony, retrieve medical records and other records and then fight for a fair settlement to cover the losses of your family and continue to pay for care costs.

Damages

A birth injury lawsuit requires the expertise of medical experts who will review medical records, testimony from your family and you and other evidence. They will determine if the doctor involved in your case has violated their duty of take care of your child and caused harm to your child. They will then estimate the damage you've sustained as a result of these injuries. These include the future and present medical expenses in addition to lost wages, loss in quality of life, emotional distress and other losses.

When doctors, nurses, and other medical personnel make mistakes that could be avoided prior to, during, or after the birth of your child, it could cause devastating harm to your family. It can also be difficult to bring legal action against hospital and doctors who might have acted negligently or erroneously. They have lawyers on staff who work full-time to protect their clients, denying claims or reduce settlements.

Medical professionals can be held responsible for their actions by hiring an New York birth injuries lawyer. Your lawyer will communicate with the insurers and then file a claim in court and build a solid proof-based case to prove liability. They will also advocate for you to secure a fair jury verdict or settlement for your losses and expenses over your entire life. They will also bring your case in time to meet 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 lawsuit is based on four components. Your lawyer can explain each of them and formulate a convincing legal argument in support of your claim.

Medical negligence claims depend on showing that the defendant owed you the obligation of care, that the defendant breached this obligation, and that the breach directly resulted in your child's injuries. To prove a claim it is essential to prove causation which means that your child's injuries would not have occurred if it weren't for the defendant's actions (or the failure to act).

The defendants have the option of challenging any of these elements. They could argue that there is no doctor-patient relationship or that standard of care isn't what you claim it to be. They can challenge your evidence or the opinions of your expert witnesses.

You'll need to provide medical records, as well as other evidence along with an account of what happened during the birth of your child. Also, you'll need to submit a demand package with an inventory of all the individuals you think should be named as defendants. An experienced lawyer can assist identify the right defendants and ensure there's adequate insurance coverage. A lawyer can help advance litigation-related costs, such as the fees of highly qualified medical experts. This could help ease some of the financial stress associated with litigating the case of birth injury.