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Birth Injury Lawsuits Explained

Childbirth is a risky and stressful time, but families expect their medical professionals and doctors to adhere to a high standard of care. Birth injuries can be devastating for families if they're not properly treated.

Contact a birth injury lawyer to seek assistance in the event that you suspect your child has suffered an injury that could have been prevented at birth due to medical negligence. A reputable lawyer will review your case without imposing any upfront fees. A successful claim is based on the evidence of the four elements of your case.

Duty of Care

The birth of a baby is one of the most exciting and significant events in the lives of any person. Unfortunately, the birth process can be traumatic for parents when medical errors result in serious injuries to their infant during birth and labor. These mistakes could be irreparable which can cause many challenges for the entire family.

Medical professionals and doctors are under an obligation under law to treat their patients with the same care and expertise that they expect from health professionals of similar professions under similar circumstances. This is known as the duty of care. You must prove that a medical professional violated this duty to be able to win an action. This usually means proving that the medical professional's actions, or lack thereof, differed from what a competent and properly trained medical professional would perform under the same circumstances.

The second component in a negligence lawsuit is the causation. You must prove, using medical records and expert testimony, that the at-fault healthcare professional's negligence caused the injury to your child. A doctor, for example, may not have monitored your child's vitals during labor and delivery. This could have resulted in prolonged oxygen deprivation, which in turn caused brain damage.

Damages are the most important aspect in an effective negligence case. You have to prove that you and/or your child suffered real tangible, quantifiable losses as the result of the healthcare professional's failure in their duty to care. This includes past and future medical costs such as lost wages, as well as other damages such as pain and discomfort.

Causation

Medical professionals are required to their patients to provide treatment that is in accordance with standards of their field. If a doctor or nurse fails to meet this standard of care, it can cause injury to the patient and result in an action for damages. To win the case of a birth injury an attorney must demonstrate that the breach of duty directly led to your child's injuries. This can be proven with evidence such as medical documents or expert testimony.

It is also important to establish that your child wouldn't have suffered the injury in the event that the medical professional adhered to the standard of treatment. Medical experts are required to review the case to determine if the doctor or hospital behaved in a way that was not in line with the accepted medical standards.

Birth injuries can cause life-altering effects that need a lifetime of medical treatments and other costs. It is essential to hold at-fault doctors and hospitals accountable for their negligence, and to seek compensation to help pay for your child's future requirements.

A lawyer with experience in handling medical malpractice cases will manage the entire legal process for you, including responding to insurer requests and filing an action against the accountable parties. They can also create a case based on evidence, secure expert testimony, retrieve medical records and documents and argue 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 look over medical records, witness statements from you and your family as well as other evidence. They will help you prove that the medical professional or hospital involved in your case breached their duty of care and caused your child injuries. Then, they'll calculate the damages you have suffered as a result of those injuries. Included are your present and future medical costs, lost wages, diminished quality of life emotional distress and other losses.





When nurses, doctors, and other medical personnel make preventable errors before, during, or after the birth of your child, it can result in devastating consequences for your family. It can be also difficult to pursue legal action against doctors and hospitals who may have committed negligence or malpractice. They have lawyers on staff who work full-time to protect their clients, deny claims or limit settlements.

When you employ a New York birth injury lawyer who can hold the medical professionals responsible for your injuries. Your attorney will handle communications with insurers and will submit your claim to court, and build a strong evidence-based case to establish liability. They will also fight to get you an acceptable settlement or verdict from a jury to cover your losses and future cost of care. They can also file your lawsuit in time to comply with any applicable statute of limitations, as the clock starts ticking from the date of the malpractice or medical negligence.

Statute of limitations

Four essential elements are required to file a claim for compensation if birth injuries occur. Your lawyer can help you understand the components and build a solid legal argument to support your claim.

Medical negligence claims are based on the defendant's obligation to you a duty of care, that the defendant breached this obligation, and that the breach directly caused the injuries to your child. In order for a claim to be successful it is essential that you prove causation, which means that your child's injuries wouldn't have occurred but for the defendant's actions (or inaction).

Defense attorneys can challenge any of these elements. They can argue that you don't have a doctor-patient relationship or that the standard of care is different than what you assert it to be. They may also challenge your proof or the opinions of your expert witnesses.

You'll have to provide medical records, other documents along with an explanation of what went wrong during the birth of your child. Additionally, you'll need to submit an demand package which contains the names of all individuals you think should be named as defendants. An experienced attorney will assist you in identifying the right defendants and ensure that they have adequate insurance coverage. Lawyers can also help with advancing litigation-related expenses, such as fees for highly qualified medical experts. This helps ease some of the financial burden that comes with litigating a birth-related injury claim.