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Birth Injury Lawsuits Explained

Families expect that their medical professionals and doctors maintain a high level of care. When they do not, birth injuries can be devastating for families.

Contact a birth injury lawyer for help when you suspect that your child has suffered an injury that could have been avoided during birth due medical malpractice. Professionals with a good reputation will assess your case for free and charge no upfront fees. A successful claim will require proving the four elements of your case.

Duty of Care

Few occasions in life are more memorable and special than the birth of a child. Unfortunately, the birth process can become traumatic for parents if medical blunders cause serious injuries to their infant during birth and labor. These errors could be irreparable and create a lifetime of challenges for the family.

Doctors and other medical professionals owe a legal duty to treat patients with the care and skill that is normally expected of health care providers in their respective fields under similar circumstances. This is called the duty of care. If you want to prevail against a healthcare provider at fault it is necessary to prove that the medical professional breached this duty. This typically involves proving how the medical professional's actions, or lack thereof, differed from what a competent and competent medical professional would perform under the same circumstances.

The second aspect of a negligence claim is causation. You must prove, using medical records and expert testimony, that the at-fault provider's breach of duty caused the injury to your child. For instance, a healthcare professional might have not been able to keep track of your child's vital indicators during labor and birth. This could have led to prolonged oxygen deprivation, which, in turn, caused brain damage.

Damages are the final part of a successful negligence case. You must prove that you and your child suffered, quantifiable financial losses resulting from the healthcare professional's inability to meet their obligation of care. This typically includes future and past medical expenses, lost wages, and other non-economic losses such as suffering and pain.

Causation

Medical professionals are obligated to patients to provide treatment that is in line with the standard of care in their area of expertise. A nurse or doctor who fails to adhere to the standards of care can cause injury to a patient and result in claims for damages. To win a birth injury lawsuit an attorney must demonstrate that the breach of duty directly caused your child's injuries. This can be proven through evidence, including medical records or expert testimony.

It is also essential to establish that your child would not have suffered an injury even if a medical professional provided the standard of care expected. Medical experts are called to review the case and offer their opinions as to whether or not the doctor or hospital performed a procedure that was not in accordance with accepted medical procedures.

Birth injuries can have a profound impact on your life and require medical care for the rest of your life. It is important that you hold doctors and hospitals accountable for their mistakes and seek compensation to cover the future needs of your child.

An experienced lawyer who has handled medical malpractice cases can handle the entire legal process for you, including responding to insurer requests and filing an action against the responsible parties. They can also build a case with the help of evidence, obtain expert testimony, access medical records and documents, and fight for fair settlements to cover family's life-long care costs and expenses.

Damages

A birth injury lawsuit requires the expertise of medical experts who will review medical records, testimony from you and your family as well as other evidence. They will determine if the doctor who is involved in your case violated their duty to take care of your child and caused harm to your child. Then, they will estimate the damage you have suffered because of those injuries. These include your future and current medical expenses as well as the loss of income, the loss of quality of life, emotional distress, and other losses.

When doctors, nurses, or other medical staff commit mistakes that could be avoided prior to, during, or after the birth of your child, it can have devastating effects for your family. It can be also difficult to take 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.

When you employ a New York birth injury lawyer and appointing medical professionals who are at fault accountable. Your lawyer will be in contact with the insurance companies and file a claim with the court and develop a solid evidence-based case for establishing the liability. They will also advocate for you to secure an equitable jury verdict, or settlement for your damages and costs over the course of your life. They will also make your claim in time to satisfy any applicable statute of limitations, since the clock starts ticking from the date of the malpractice or medical negligence.

Statute of Limitations

A successful claim for compensation in a birth injury lawsuit involves four elements. Your attorney can explain each element and build a strong legal argument to support your claim.

Medical negligence claims rely on the defendant's obligation to you a duty of care and that the defendant violated this duty and that the breach directly resulted in your child's injuries. To prove a claim it is essential that you establish causation, which means that your child's injuries would not have happened if not for the actions of the defendant (or negligence).





Defendants can challenge each of these elements. They could argue that you haven't established a doctor-patient relationship, or that the standard of care is different from what you declare it to be. In addition, they can challenge your evidence and your expert witnesses' opinions.

To prove that you have breached your duty, you'll need to submit medical records and other documents and a written statement of what went wrong with your child's birth. You'll also have to make an application for a demand form that includes an inventory of the people you think should be named as defendants. A knowledgeable attorney can assist you in identifying the most appropriate defendants and ensure there is enough insurance coverage. A lawyer can assist with litigation-related expenses, for example the expenses of highly qualified medical experts. This helps ease some of the financial stress associated with litigating a birth-related injury claim.