Birth Injury Lawsuits Explained
Birth is a stressful and stressful experience, however families expect their doctors and other medical professionals to uphold a high standard of care. When they do not,
birth injuries can be catastrophic to families.
Contact a
birth injury attorney to seek assistance in the event that you suspect your child has suffered an injury that could have been avoided during birth due to medical malpractice. Reputable attorneys will evaluate your case and not charge any upfront fees. To prove your claim, you have to prove the four elements.
Duty of Care
Birth of a baby is one of the most joyful and significant events in the life of a person. Unfortunately, the process can be traumatic for parents when medical errors cause serious injuries to the baby during the labor and delivery. These mistakes can be irreversible and force a family to 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 referred to as the duty of care. You must demonstrate that a medical professional acted in violation of this duty to win a case. This typically involves proving that the medical professional's actions or failure to act was different from what a reasonably trained and competent medical professional would have done in similar circumstances.
The third element in a negligence lawsuit is the cause. You must prove through medical records and testimony from an expert that the healthcare provider responsible for the breach of duty led to your child's injuries. A doctor, for instance might not have been able to monitor your child's vitals during labor and birth. This could have led to brain damage due to prolonged oxygen deprivation.
Damages are a crucial component in an effective negligence case. You have to prove that you and/or your child suffered real significant, quantifiable damages as a result of the healthcare provider's lapse in their duty to care. This includes past and future medical costs such as lost wages, and also non-economic damages such as discomfort and pain.
Causation
Medical professionals have a responsibility to their patients to provide care that is in accordance with standards of their area of expertise. If a medical professional or nurse is not able to meet this standard of care, they could cause an injury to the patient, and lead to a claim for damages. In order to win a case involving birth injuries, an attorney will have to prove that the breach in duty caused the injury to your child. This can be proven with evidence, such as medical documents or expert testimony.
It is also important to prove that your child would not have suffered an injury even if a medical professional given the level of medical care expected. Medical experts are expected to examine the case and provide their opinion as to whether or not the doctor or hospital performed a procedure that was not in accordance with the accepted medical practice.
Birth injuries can cause life-altering effects that need the use of a lifetime of medical treatment and other expenses. It is vital that you hold doctors and hospitals accountable for their mistakes and seek compensation to help pay for the future needs of your child.
An experienced lawyer who has handled medical malpractice cases can oversee the entire legal process for you, from responding to insurer requests and bringing a lawsuit against the responsible parties. They can also build an evidence-based argument and obtain expert testimony, locate medical records along with other records and negotiate an equitable settlement to cover your family's losses and lifetime care costs.
Damages
Medical experts are needed to look over medical records, witness statements from you and your family members and other evidence in a birth injury lawsuit. They will establish that the doctor involved in your case has not complied with their duty of care for your child and causing injuries to your child. They will then estimate the damages you have suffered due to these injuries. Included are your future and current medical costs in addition to lost wages, loss of quality of your life emotional distress, and other losses.
If nurses, doctors and other medical professionals make mistakes that are not preventable before or during the birth of your child, it can have devastating consequences for your family. It can also be difficult to pursue legal action against hospitals and doctors who could have committed negligence or malpractice. They have teams of lawyers who work full-time for them to protect their clients, deny claims or reduce settlements.
When you employ a New York birth injury lawyer and appointing at-fault medical professionals accountable. Your lawyer will handle communication with insurance companies and present your claim in court, and develop an evidence-based argument to prove the liability. They will also fight for you to secure a fair jury verdict or settlement for your losses as well as care expenses over your life. They can also make a claim in time for any applicable statute of limitations when the clock begins to run from the day the malpractice or negligence occurred.
Statute of Limitations
A successful claim for compensation in a birth injury case includes four parts. Your lawyer can explain the factors and craft a strong legal case to support your claim.
Medical negligence claims require that you establish that the defendant owed a duty of caring towards your child, and that he breached that duty, and that the breach caused the injuries to your child. To be successful in a claim it is essential to prove causation which means that the injuries suffered by your child wouldn't have occurred but for the actions of the defendant (or failure to act).
The defendants have the option of challenging each of these elements. They can claim that there isn't a doctor-patient connection or that the standard of care is not what you claim it is. They may also challenge your evidence or the opinions of your expert witnesses.
To prove breach of duty, you'll need to submit medical records and other documentation along with a statement that explains the circumstances that led to your child's birth. Additionally, you'll need to submit a demand packet, which includes the names of the parties you believe should be named defendants. A knowledgeable attorney can help you identify the proper defendants and make sure there is enough insurance coverage. A lawyer can also assist in advancing costs related to litigation such as the cost of highly qualified medical experts. This helps alleviate some of the financial strain associated with litigating a birth-related injury claim.