Birth Injury Lawsuits Explained
Families expect that their doctors and other medical professionals will ensure a high standard of care. Birth injuries can be catastrophic for families when they are not treated appropriately.
If you suspect your child suffered a preventable birth injury as a result of medical malpractice then contact a birth trauma lawyer to get help. Reputable lawyers will evaluate your case free of charge and charge no upfront fees. A successful claim will require proving the four elements of your case.
Duty of Care
Birth of a baby is one of the most joyful and memorable events in the lives of any person. Unfortunately, the process can be traumatic for some parents if medical errors result in serious injuries to the baby during labor or delivery. These mistakes can be irreversible and cause a family be faced with a series of challenges for the rest of their lives.
Medical professionals and doctors are under a legal obligation to treat their patients with the same care and expertise that they expect from health care professionals of similar professions in similar situations. This is known as the duty of care. If you want to prevail against an at-fault healthcare provider you must show that the medical professional violated this duty. This usually means proving that the medical professional's actions, or the lack of them, differed from what a competent and appropriately trained medical professional would have done in the same circumstances.
The second part of a negligence claim is the causation. You must prove via medical records and testimony from an expert that the healthcare professional who was at fault's negligence caused your child's injuries. 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 from prolonged oxygen deprivation.
Damages are the last component in the case of a successful negligence claim. You must prove that you and your child suffered real, tangible financial losses from the at-fault healthcare professional's inability to meet their obligation of care. This includes past and future medical costs and lost wages as well as non-economic damages like pain and discomfort.
Causation
Medical professionals are bound to their patients to provide care that is in accordance with standards in their area of expertise. A doctor or nurse who does not meet the standard of care can cause injury to a patient, and may result in claims for damages. To succeed in a birth injury lawsuit the attorney must prove that the breach of duty directly led to the injuries suffered by your child. This can be proved with evidence like medical documents and expert testimony.
It is also crucial to establish that your child wouldn't have suffered an injury if a medical professional had been able to provide the level of treatment expected. Medical experts are called to look into the matter and give their opinion as to whether or not the doctor or hospital acted in a way that was not in accordance with accepted medical practices.
Birth injuries can cause a lot of trauma and require medical treatment for a lifetime. It is important to hold at-fault physicians and hospitals responsible for their negligence, and to seek compensation that will ensure your child's future needs.
A lawyer who has dealt with medical malpractice cases can manage the entire legal process including responding to insurance inquiries and bringing a lawsuit against the parties responsible. They can also build an evidence-based argument and obtain expert testimony, retrieve medical records as well as other documents and negotiate an equitable settlement to cover your family's losses and lifetime care costs.
Damages
A birth injury lawsuit requires the expertise of medical experts who look over medical records, witness statements from your family and you, and other evidence. They will assist you in proving that the doctor or hospital involved in your case violated their duty of care and harmed your child. They will then determine the damages you have sustained as a result of these injuries. Included are your future and current medical expenses, lost wages, diminished quality of life emotional distress and other losses.
When nurses, doctors, and other medical staff make mistakes that are preventable prior to or during the
birth injury law firm of your child, it can result in devastating consequences for your family. It can be difficult to take legal action against hospitals and doctors that have committed malpractice or negligence. They have teams of lawyers who work full-time to defend their clients, deflect claims or limit settlements.
When you employ an New York birth injury lawyer and appointing medical professionals who are at fault accountable. Your lawyer will handle communications with insurance companies and submit your claim to court, and build solid evidence-based arguments to prove the responsibility. They will also work to secure you a fair settlement or jury verdict for your losses as well as lifetime expenses for medical care. They can also submit your lawsuit on time to meet any applicable statute of limitations, since the clock begins ticking off from the date of the medical negligence or malpractice.
Statute of limitations
A successful claim for compensation in a case of birth injury includes four parts. Your attorney can help you understand the components and build a solid legal argument in support of your claim.
Medical negligence claims depend on being able to prove that the defendant owed you the duty of care and that the defendant violated this duty and that the breach directly caused your child's injuries. It is essential to prove causation to win a claim. This means that the defendant's actions or failure to act caused your child's injuries.
The defendants can challenge any of these elements. They can claim that there isn't a doctor-patient connection or that the standard of care isn't what you claim it to be. They can also challenge your evidence or expert witnesses or their opinions.
You'll need medical records, as well as other evidence and an account of what happened during the birth of your child. You'll also need to submit the demand package, which includes an inventory of all the individuals you think should be named as defendants. An experienced lawyer can help to identify the proper defendants and make sure there's sufficient insurance coverage. A lawyer can assist with costs associated with litigation, like the expenses of highly qualified medical experts. This can help to reduce some of the financial burden that comes with pursuing an injury claim arising from birth.