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Birth Injury Lawsuits Explained

Birth is a dangerous and stressful time, but families expect their doctors and other medical professionals to provide a high level of medical care. When they do not birth injuries can be catastrophic to families.

Contact a birth injury attorney for assistance in the event that you suspect your child suffered an injury that could be prevented during birth due to medical malpractice. Reputable attorneys will evaluate your case without charging any upfront costs. In order to prove your claim, you must demonstrate the four elements.

Duty of Care

The birth of a baby is one of the most joyful and memorable moments in a person's lifetime. However, the birth process can be traumatic for parents if medical errors cause serious injuries to the baby during the labor and delivery. These errors can be irreversible and create an entire series of problems for families.

Medical professionals and doctors have an obligation under law to treat their patients with the same respect and expertise that is expected from health care professionals of similar professions in similar circumstances. This is called the duty of care. You must demonstrate that a medical professional breached this duty to be able to win a case. This usually means proving how the medical professional's actions, or the lack of them, differed from what a competent and competent medical professional would do under the same circumstances.

The second aspect in a negligence lawsuit is the cause. You must show, via medical evidence and expert testimony that the at-fault healthcare professional's breach of duty caused the injury to your child. For instance, a doctor 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 most important element in an effective negligence case. You must prove that you and/or your child suffered genuine tangible, quantifiable losses as the result of the healthcare professional's failure to perform their duty of care. This typically includes past and future medical expenses, lost wages and other non-economic losses such as suffering and pain.

Causation

Medical professionals have a responsibility to patients to provide treatment that is in line with the highest standards of care in their specialization. A doctor or nurse who fails to adhere to the standards of care can cause injuries to patients, and lead to an action for damages. To succeed in a birth injury lawsuit the attorney must show that the breach of duty directly led to your child's injuries. This must be proved with evidence, such as medical records or expert testimony.

It is also important to establish that your child would not have suffered the injury if the medical professional had adhered to the standard of medical care. Medical experts are asked to examine the case to determine if the doctor or the hospital behaved in a way that was not in line with the accepted medical standards.

Birth injuries can have life-altering consequences that require the need for a lifetime of medical care and other costs. It is vital that you hold hospitals and doctors accountable for their negligence and seek compensation to meet the future requirements of your child.

A lawyer experienced in handling medical malpractice cases can oversee the entire legal process for you, including responding to insurer requests and bringing an action against the accountable parties. They can also develop a case using evidence, get expert testimony, access medical records and documents and negotiate fair settlements to cover the family's life-long care costs and losses.

Damages

A birth injury lawsuit requires the expertise of medical experts who examine medical records, evidence from you and your family, and other evidence. They will help establish that the doctor who is involved in your case has not complied with their duty to care and caused injuries to your child. They will then determine the damage you've sustained as a result of these injuries. Included are your present and future medical expenses, lost wages, loss of quality of life emotional distress and other losses.

If nurses, doctors and other medical personnel make mistakes that are not preventable before or during the birth of your child, it could result in devastating consequences for your family. It can be difficult to bring legal action against hospitals and doctors who have acted negligently or with a lack of care. They have lawyers on staff who work full-time for them to defend their clients, deflect claims or limit settlements.

When you employ an New York birth injury attorneys injury lawyer, you can hold at-fault medical professionals accountable. The lawyer will handle all communications with insurers and then make your claim to the court, and construct a strong evidence-based case to establish liability. They will also try to secure you an appropriate settlement or verdict from a jury for your losses and life-long healthcare costs. They may also start a lawsuit before the deadline for any applicable statute of limitation in the event that the clock begins to run from the day the malpractice or medical error occurred.

Statute of limitations

A successful claim for compensation in a birth injury lawsuit is based on four components. Your attorney can help you understand the factors and craft an argument that is legal and strong to support your claim.

Medical negligence claims require that you demonstrate that the defendant was under an obligation to care for your child, and that they breached this duty, and that this breach led to the injuries to your child. To prove a claim it is also necessary that you prove causation, which means that the injuries suffered by your child wouldn't have occurred but for the defendant's actions (or the failure to act).

Defendants can challenge each of these elements. They may argue that you aren't establishing a doctor-patient partnership, or that the standards of care are different from what you declare it to be. They can also challenge your evidence, or the opinions of your expert witnesses.

To prove breach of obligation, you'll need submit medical records and other documentation and a written statement that describes what went wrong in the birth of your child. You'll also have to submit the demand package, which includes the names of all parties you believe should be named as defendants. An experienced lawyer can assist identify the right defendants and ensure you have adequate insurance coverage. A lawyer can help advance litigation-related costs, such as the expenses of highly qualified medical experts. This helps to alleviate some of the financial stress associated with pursuing a birth injury claim.