Birth Injury Lawsuits Explained

Birth is a dangerous and stressful experience, however families expect their medical professionals and doctors to uphold a high standard of care. Birth injuries can be catastrophic for families when they are not treated appropriately.

If you suspect that your child suffered a preventable birth injury due to medical malpractice, contact a birth injury lawyer to get help. A reputable lawyer will review your case without charging any upfront costs. A successful claim will require proving the four elements of your case.

Duty of Care

Few life events are more exciting and special than the birth of a baby. However, the birth process can be difficult for parents when medical mistakes cause serious injuries to the baby during labor and birth. These mistakes can be irreparable, creating a lifetime of challenges for families.

Doctors and other medical professionals are legally bound to treat patients with the same care and skill that is normally expected of health care providers in their respective fields in similar situations. This is referred to as the duty of care. In order to win a case against a healthcare provider who is at fault, you must prove that the medical professional violated this obligation. This usually means proving that the medical professional's actions or inability to act deviated from what a reasonably trained and competent medical professional would have done under the same circumstances.

The second aspect of a negligence claim is causation. You must prove, through medical evidence and expert testimony that the at-fault provider's negligence caused the injury to your child. For instance, a doctor may have failed to monitor your child's vital indicators during labor and birth. This could have resulted in prolonged oxygen deprivation which then led to brain damage.

The final element of a successful negligence claim is the amount of damages. 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 future and past medical costs in addition to lost wages, as well as other damages like pain and discomfort.

Causation

Medical professionals have a responsibility to patients to provide treatment in line with the highest standards of care in their field. If a medical professional or nurse fails to meet this standard of care, it may cause injury to the patient, and lead to a claim for damages. 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 has to be proved by evidence such as medical documents and expert testimony.

It is also essential to prove that your child would not have suffered the injury in the event that the medical professional met the expected standard of medical care. Medical experts are required to examine the case to determine whether the doctor or hospital acted in a manner not consistent with the accepted medical guidelines.

Birth injuries can cause life-altering effects that need the need for a lifetime of medical care and other costs. It is crucial to hold at-fault doctors as well as hospitals responsible for their negligence and obtain compensation to provide for your child's future needs.

A lawyer who has handled medical malpractice cases has the ability to handle the entire legal process including responding to insurance inquiries and filing a lawsuit against the responsible parties. They can also build a case with the help of evidence, obtain expert testimony, locate medical records and documents, and fight for fair settlements that cover the family's life-long care costs and losses.

Damages

A birth injury lawsuit requires the expertise of medical experts who will examine medical records, testimonies from you and your family, and other evidence. They will establish that the doctor who is involved in your case acted outside of their duty of care for your child and causing injuries to your child. They will then estimate the damage you have suffered due to those injuries. Included are your present and future medical expenses as well as lost wages, diminished quality of life emotional distress, and other losses.

If nurses, doctors and other medical professionals make mistakes that are not preventable before, during, or after the birth of your child, it could result in devastating consequences for your family. It can be also difficult to take legal action against hospitals and doctors who could have committed malpractice or negligence. They typically have their own legal teams who are on call 24/7 to protect their clients and to deny claims or reduce settlement amounts.

When you employ an New York birth injury lawyer who can hold the medical professionals who are at fault accountable. Your lawyer will handle communication with insurers and present your claim in court, and develop an evidence-based case to prove the liability. They will also fight for you to win an equitable jury verdict, or settlement for your losses and costs over your lifetime. They can also submit your lawsuit on time to be in compliance with any applicable statute of limitations, since the clock begins to tick from the date of the malpractice or medical negligence.

Statute of Limitations

A successful claim for compensation in a birth-related injury case involves four elements. Your lawyer can help you understand the factors and craft a strong legal case to support your claim.

Medical negligence claims require that you demonstrate that the defendant was under the duty of care towards your child, that he breached that duty, and that this breach led to the injuries to your child. It is essential to prove causation in order to win an action. This means that the defendant's actions, or inability to act would not have resulted in the injury of your child.

The defendants have the option of challenging any of these elements. They may argue that you aren't establishing a doctor-patient partnership or that the standard of care is different than what you assert it to be. They can also challenge your evidence or expert witnesses and their opinions.

You'll need to submit medical records, other documentation, as well as an explanation of what was wrong with the birth of your child. You'll also have to submit a demand packet, which includes a list of the parties you consider to be defendants. A knowledgeable lawyer can help to identify the proper defendants and ensure you have adequate insurance coverage. A lawyer can assist with litigation-related costs, such as the fees of highly qualified medical experts. This helps alleviate some of the financial stress associated with pursuing a birth injury claim.