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Birth Injury Lawsuits Explained

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

If you suspect that your child was born with a preventable injury as a result of medical malpractice, contact a birth injury lawyer for help. The most reputable lawyers will evaluate your case free of charge and will not charge upfront fees. A successful claim requires proving the four elements of your case.

Duty of Care

The birth of a child is one of the most joyful and memorable events in the lives of any person. However, this event can become traumatic for parents if medical errors cause serious injuries to their child during the birth process and during labor. These mistakes are often irreparable and make a family endure a lifetime of difficulties.

Medical professionals and doctors are required by law to treat patients with the care and competence that is expected of health professionals in their respective fields under similar circumstances. This is called the duty of care. To prevail in a lawsuit against a healthcare provider at fault you must prove that the medical professional violated this duty. This usually means proving that the medical professional's actions or the lack of them, differed from what a competent and properly trained medical professional would perform under similar circumstances.

The second aspect in a negligence lawsuit is the issue of causation. You must prove via medical records and testimony from an expert that the healthcare professional who was at fault's negligence led to your child's injuries. For example, a doctor may not have observed your child's vital indicators during labor and birth. This could have resulted in brain damage as a result of prolonged oxygen deprivation.

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

Causation

Medical professionals are required to their patients to provide care that is in line with standards in their area of expertise. If a nurse or doctor fails to meet this standard of care, it can result in injury to the patient and result in an action for damages. In order to win the case of a birth injury an attorney must demonstrate that the breach of duty directly caused your child's injuries. This must be proved using evidence such as medical records and expert testimony.

It is also important to establish that your child would not have suffered an injury if a medical professional had given the level of care that is expected. Medical experts are obligated to review the case and give their opinion on whether the doctor or hospital was acting in a manner that was not in accordance with the accepted medical practice.

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

A lawyer experienced in handling medical malpractice cases will manage the entire legal process for you, from responding to insurer requests and bringing lawsuits against the responsible parties. They can also create an argument based on evidence, secure expert testimony, access documents and medical records and argue for fair settlements to pay for the family's life-long care costs and expenses.

Damages

A birth injury lawsuit requires the expertise of medical experts who will review medical records, testimony from you and your family as well as other evidence. They will establish that the doctor in your case violated their duty to care for your child and causing injuries to your child. They will then calculate the damages you have suffered as a result of those injuries. Included are your current and future medical expenses and lost wages, as well as diminished quality of life emotional distress and other losses.

It can be devastating for your family when doctors, nurses and other medical staff commit inexcusable mistakes prior to or after the birth your child. It can be difficult to bring legal action against hospitals and doctors who may have acted negligently or with a lack of care. They have lawyers on staff who are employed full-time to protect their clients, denying claims or limit settlements.

Medical professionals can be held responsible for their actions by hiring a New York birth injuries lawyer. The lawyer will negotiate with the insurers and file a claim in court, and create a strong evidence-based case to establish the liability. They will also fight to get you a fair settlement or verdict from a jury for your losses and lifetime healthcare costs. They can also make your claim in time to satisfy any applicable statute of limitations, as the clock starts ticking on the date of the medical negligence or malpractice.

Statute of Limitations

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

Medical negligence claims require you to prove that the defendant had the duty of care towards your child, that the defendant violated that duty, and that the breach caused the injuries to your child. It is essential to prove causation in order to prevail in an action. This means that the defendant's actions or failure to act could not have caused your child's injuries.

Defendants may challenge any of these elements. They could argue that you haven't established a doctor-patient relationship or that the standards of care are different than what you assert it to be. They may also challenge your evidence or the opinions of your expert witnesses.

You'll need medical records, any other documentation, as well as an account of what was wrong with the birth of your child. Additionally, you'll need to file a demand package with an inventory of all the people you think should be named as defendants. A skilled attorney can assist you in identifying the right defendants and ensure that they have adequate insurance coverage. Lawyers can also help in advancing costs related to litigation like the cost of highly qualified medical experts. This can help reduce some of the financial burden that comes with litigating the case of birth injury.