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Birth Injury Lawsuits Explained

Families expect that their medical professionals and doctors will maintain a high level of care. Birth injuries can be catastrophic for families when they're not treated appropriately.





If you suspect your child suffered a birth injury due to medical negligence then contact a birth trauma lawyer for assistance. A reputable lawyer will review your case at no cost and charge no upfront costs. A successful claim requires proving the four elements of your case.

Duty of Care

The birth of a baby is one of the most joyous and significant events in a person's life. However, the birth process can be difficult for parents when medical mistakes cause serious injuries to the baby during labor and birth. These mistakes are often irreparable and cause a family be faced with a series of challenges for the rest of their lives.

Medical professionals and doctors have an obligation under law to treat their patients with the same respect and expertise that is expected from health professionals of similar professions in similar circumstances. This is known as the duty of care. To prevail in a lawsuit against an at-fault healthcare provider it is necessary to prove that the medical professional breached this duty. This typically involves proving that the medical professional's actions or inability to act in a manner that was not consistent with what a reasonably educated and competent medical professional would have done in the same circumstances.

The third element in a negligence lawsuit is the cause. You must prove via medical records and testimony from an expert that the healthcare professional at fault's breach of duty caused your child's injuries. For example, a doctor may have failed to monitor your child's vital indicators during labor and birth. This could have caused brain damage as a result of prolonged oxygen deprivation.

Damages are the most important element in the case of a successful negligence claim. You must prove that you and/or your child experienced real significant, quantifiable damages as a result of the healthcare professional's negligence to perform their duty of care. This includes past and future medical expenses and lost wages and also non-economic damages such as discomfort and pain.

Causation

Medical professionals are required to patients to provide treatment in line with the highest standards of care in their area of expertise. If a nurse or doctor fails to meet the standard of care, they could cause an injury to the patient, and lead to a claim for damages. To prevail in the case of a birth injury an attorney must demonstrate that the breach of duty directly led to the injuries suffered by your child. This has to be proved by evidence such as medical records and expert testimony.

It is also important to prove that your child wouldn't have suffered the injury if the medical professional had adhered to the standard of care. Medical experts are asked review the case in order to determine if a doctor or hospital behaved in a manner that was not in line with the accepted medical guidelines.

Birth injuries can cause a lot of trauma and require medical attention for the rest of their lives. It is vital that you hold doctors and hospitals accountable for their mistakes and seek compensation to meet the future requirements of your child.

A lawyer experienced in handling medical malpractice cases will manage the entire legal process for you, which includes responding to insurance requests and filing lawsuits against the responsible parties. They can also build an argument using evidence, get expert testimony, access documents and medical records and advocate for fair settlements to cover the family's lifetime medical costs and expenses.

Damages

A birth injury lawsuit requires the expertise of medical experts who review medical records, testimony from you and your family and other evidence. They will determine if the doctor who is involved in your case has violated their duty to take care of your child and caused harm to your child. They will also estimate the damages you have suffered due to these injuries. This includes your future and current medical expenses, loss of wages, loss of quality of life, emotional distress and other losses.

It can be devastating for your family when nurses, doctors and other medical staff make unavoidable errors prior to, during or after the birth your child. It can also be difficult to pursue legal action against the hospitals and doctors who could have committed negligence or malpractice. They typically have their own teams of lawyers who are full-time employed to protect their clients and to deny claims or reduce settlement amounts.

When you employ a New York birth injury lawyer who can hold the medical professionals responsible for your injuries. Your lawyer will contact the insurance companies and then file a claim in court and build a solid proof-based case to prove the responsibility. They will also fight to get you an appropriate settlement or verdict from a jury for your losses and life-long healthcare costs. They can also file your lawsuit in time to satisfy 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 injury case includes four parts. Your attorney can explain the elements and create a strong legal case to support your claim.

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

Defense attorneys can challenge any of these elements. They can argue that they don't have a doctor-patient relationship, or that the standard of care you provide is different from what you claim it to be. They can also contest your evidence and expert witnesses or their opinions.

To prove that you have breached your duty, you'll need to provide medical records and other documents, and provide a declaration of what went wrong during your child's birth. Also, you'll need to submit the demand package, which includes the names of all parties you consider to be defendants. A knowledgeable lawyer can help to identify the proper defendants and ensure there's adequate insurance coverage. A lawyer can also assist with advancing litigation-related expenses such as the cost of highly qualified medical experts. This can help reduce some of the financial burden associated with litigating the case of birth injury.