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Birth Injury Lawsuits Explained

Families are conditioned to believe that their doctors and other medical professionals will ensure a high standard of care. If they fail to do so, birth injuries can be catastrophic to families.

Contact a birth injury lawyer for assistance in the event that you suspect your child has suffered an injury that could have been prevented at birth as a result of medical negligence. The most reputable lawyers will evaluate your case at no cost and will not charge upfront fees. A successful claim requires the proof of the four elements of your case.

Duty of Care

The birth of a baby can be one of the most exciting and memorable events in a person's life. Unfortunately, the procedure can be very stressful for some parents if medical errors result in serious injuries to the baby during the labor and delivery. These mistakes can be irreversible and cause a family confront a long list of challenges.

Medical professionals and doctors owe a legal duty to treat patients with the care and skill that is normally expected of health professionals in their field in similar situations. This is known as the duty of care. You must prove that a medical professional has violated this duty to win a claim. This usually involves demonstrating that the medical professional's actions, or the failure to act was different from what a reasonably trained and competent medical professional would have done under the same circumstances.

The third element of a negligence claim is the causation. You must prove via medical records and testimony from an expert that the healthcare provider responsible for the breach of duty caused your child's injuries. A doctor, for example, may not have monitored the vitals of your child during labor and birth. This could have resulted in prolonged oxygen deprivation, which could have caused brain damage.

The final component of a successful negligence case is damages. You must prove that either you or your child suffered actual significant, quantifiable damages as a result of the healthcare professional's failure in their duty of care. This typically includes future and past medical expenses, lost wages, and non-economic losses like pain and suffering.

Causation

Medical professionals are obligated to patients to provide treatment consistent with the highest standards of care in their specialization. A doctor or nurse who fails to meet the standard of care can cause injuries to a patient and could result in the possibility of a claim for damages. To succeed in a birth injury lawsuit, an attorney must prove that the breach of duty directly caused the injuries suffered by your child. This must be proven with evidence such as medical documents and expert testimony.

It is also essential to prove that your child wouldn't have suffered a traumatic injury even if a medical professional given the level of care expected. Medical experts are expected to review the case and provide their opinion as to whether or not the doctor or hospital acted in a way that was inconsistent with the accepted medical practice.

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 hospitals and doctors accountable for their negligence, and receive compensation to pay for the future needs of your child.

A lawyer experienced in handling medical malpractice cases can manage the entire legal process for you, which includes responding to insurer requests and filing a lawsuit against the responsible parties. They can also develop an argument with the help of evidence, obtain expert testimony, access medical records and documents and negotiate fair settlements to cover the family's lifetime care costs and losses.

Damages

Medical experts are required to review medical records, testimony from you and your family members and other evidence in a birth injury lawsuit. They will determine if the doctor in your case has violated their duty to care and caused injuries to your child. They will also calculate the damages you have suffered as a result of these injuries. This includes the current and future medical expenses, the loss of income, the loss of quality of life, emotional distress, and many other losses.





If nurses, doctors and other medical professionals 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 bring legal action against hospital and doctors who might have committed malpractice or negligence. They usually have their own teams of lawyers who are full-time employed to protect their clients and defend against claims or reduce settlement amounts.

If you hire a New York birth injury lawyer to represent you, you can hold medical professionals responsible for your injuries. Your lawyer will communicate with the insurance companies, file a claim in court and construct a solid proof-based case to prove liability. They will also advocate for you to get an equitable jury verdict, or settlement for your losses and care costs over your entire life. They can also make a claim in time for any applicable statute of limitations, as the clock begins to tick from the date the medical malpractice or negligence occurred.

Statute of limitations

Four components are essential to be successful in claiming to be compensated when birth injuries occur. Your lawyer can help you understand the components and build an effective legal argument in support of your claim.

Medical negligence claims require that you establish that the defendant owed a duty of caring towards your child, and that he breached that duty, and that his breach caused the injuries to your child. To be successful in a claim it is crucial 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 the failure to act).

Defense attorneys can challenge any of these elements. They can argue that you haven't established a doctor-patient relationship or that the standard of care you provide is different from what you declare it to be. They may also challenge your evidence, or the opinions of your expert witnesses.

You'll need to submit medical records, other documents, as well as an explanation of what went wrong during the birth of your child. You'll also have to provide a demand package that contains an inventory of the individuals you think should be named as defendants. An experienced lawyer can assist you in identifying the proper defendants and make sure there is enough insurance coverage. A lawyer can help advance costs associated with litigation, like the fees of highly qualified medical experts. This helps ease some of the financial burden associated when litigating a birth injury claim.