Birth Injury Lawsuits Explained
Childbirth is a risky and stressful experience, however families expect their medical professionals and doctors to provide a high level of medical care. If they fail to do so, birth injuries can be catastrophic to families.
Contact a birth injury attorney for help should you suspect that your child has suffered an injury that could have been prevented at
birth injury law firm as a result of medical negligence. Reputable attorneys will evaluate your case and not charge any upfront costs. A successful claim requires the proof of the four elements of your case.
Duty of Care
The birth of a baby can be one of the most joyful and memorable moments in a person's life. However, this event can become traumatic for parents if medical errors result in serious injuries to their child during the
birth injury Law firms process and during labor. These errors could be irreparable and cause an entire series of problems for a family.
Doctors and other medical professionals are legally bound to treat patients with the care and competence that is expected of health care providers in their field under similar circumstances. This is known as the duty of care. If you want to prevail against a healthcare provider at fault, you must prove that the medical professional breached this obligation. This usually involves demonstrating that the medical professional's actions or inability to act in a manner that was not consistent with what a reasonably trained and competent medical professional would have done in similar circumstances.
The second element of a negligence claim is the causation. You must prove, using medical documents and expert testimony that the healthcare provider at fault's negligence caused your child's injury. A doctor, for example, may not have monitored your child's vitals during labor and delivery. This could have caused brain damage from prolonged oxygen deprivation.
The final aspect of a successful negligence claim is damages. You must demonstrate that you and your child suffered actual tangible financial losses that resulted from the at-fault healthcare professional's inability to meet their obligation of care. This includes future and past medical expenses such as lost wages, as well as other damages such as pain and discomfort.
Causation
Medical professionals are obligated to patients to provide treatment consistent with the standard of care in their field. A doctor or nurse who fails to adhere to the standards of care could cause injury to a patient, and may result in claims for damages. In order to win a birth injury case the attorney must prove that the breach of duty directly caused your child's injuries. This must be proved with evidence, such as medical documents or expert testimony.
It is also essential to prove that your child would not have suffered a traumatic injury in the event that a medical professional performed the care that is expected. Medical experts are required to review the case to determine whether the doctor or hospital acted in a manner not consistent with the accepted medical practice.
Birth injuries can cause a lot of trauma and require medical treatment for the rest of their lives. It is important to hold at-fault doctors and hospitals responsible for their negligence and obtain compensation that will pay for your child's future needs.
A lawyer who is experienced in handling medical malpractice cases can handle the entire legal process for you, which includes responding to insurer requests and filing a lawsuit against the responsible parties. They can also build a case using evidence, get expert testimony, obtain documents and medical records and advocate for fair settlements to pay for the family's costs for care throughout their lifetime and losses.
Damages
Medical experts are required to scrutinize medical records, witness statements from you and your family members, and other evidence in the
birth injury lawyer injury lawsuit. They will prove that the doctor involved in your case acted outside of their duty to care and caused injuries to your child. They will then calculate the amount of damage you've suffered due to these injuries. This includes the future and present medical expenses as well as loss of wages, loss of quality of life, emotional distress, and other losses.
It can be a tragedy for your family if doctors, nurses and other medical professionals make preventable mistakes before, during or after the birth of your child. It isn't always easy to bring legal action against hospitals and doctors who have committed malpractice or negligence. They typically have their own teams of lawyers who are full-time employed to protect their clients and deny claims, or reduce settlement amounts.
Medical professionals can be held responsible for their actions by hiring an New York birth injuries lawyer. Your lawyer will contact the insurance companies and then file a claim in court and develop a solid evidence-based case to establish liability. They will also advocate for you to get an appropriate jury verdict or settlement for your losses and care costs over your life. They may also start a lawsuit before the deadline for any applicable statute of limitations in the event that the clock begins to tick from the time the malpractice or negligence occurred.
Statute of Limitations
A successful claim for compensation in a case of birth injury is based on four components. Your attorney can explain each element and develop a solid legal argument in support of your claim.
Medical negligence claims require that you establish that the defendant owed the duty of care towards your child, that they breached this duty, and that this breach led to the injuries to your child. To prove a claim, it is also essential that you establish causation, which means that your child's injuries wouldn't have occurred but for the actions of the defendant (or inaction).
Defendants can challenge each of these elements. They may claim that there isn't a doctor-patient relationship, or that the standard of care is not what you claim it is. In addition, they can challenge your evidence and your expert witnesses and their opinions.
You'll have to provide medical records, any other documentation and an account of what occurred during the birth of your child. Additionally, you'll need to submit an demand package that contains an inventory of the parties you believe should be named defendants. An experienced lawyer can assist identify the right defendants and make sure there's sufficient insurance coverage. A lawyer can assist with costs related to litigation, including the fees of highly experienced medical experts. This helps to alleviate some of the financial burden that comes with litigating a birth injury claim.