Birth Injury Lawsuits Explained
Families expect that their medical professionals and doctors will maintain a high level of care. If they fail to do so birth injuries can be catastrophic to families.
If you suspect that your child suffered a preventable birth injury as a result of medical malpractice and you suspect that your child suffered a birth injury, contact a lawyer for assistance. The most reputable lawyers will review your case with no upfront costs. To prove your claim, you must demonstrate the four elements.
Duty of Care
The birth of a baby can be one of the most joyful and significant events in the lives of any person. Unfortunately, the process can be difficult for parents when medical errors result in serious injuries to the baby during labor or delivery. These mistakes can be irreparable, creating a lifetime of challenges for the entire family.
Medical professionals and doctors owe a legal duty to provide patients with the level of care and skill ordinarily expected of health care providers in their field in similar situations. This is known as the duty of care. If you want to prevail against a healthcare provider who is at fault you must show that the medical professional violated this obligation. This typically involves proving that the medical professional's actions or inability to act deviated from what a reasonably educated and competent medical professional would have done in the same circumstances.
The second element of a negligence claim is causation. You must show, via medical documents and expert testimony that the at-fault healthcare professional's breach of duty caused your child's injury. For example, a doctor may have failed to monitor your child's vital indicators during labor and birth. This could have resulted in brain damage as a result of prolonged oxygen deprivation.
The final element of a successful negligence claim is proving damages. You must prove that you and your child suffered actual real, tangible financial losses from the healthcare professional at fault's failure to meet their duty of care. This typically includes future and past medical expenses, lost wages and non-economic losses like suffering and pain.
Causation
Medical professionals owe a duty to patients to provide care that is consistent with the standards of medical care in their field. A doctor or nurse who fails to meet the standard of care can cause injuries to patients, and could result in the possibility of a claim for damages. In order to succeed in a case involving birth injuries, a lawyer will need to prove the breach of duty caused the injury to your child. This can be proven through evidence, like medical records or expert testimony.
It is also crucial to establish that your child wouldn't have suffered a traumatic injury even if a medical professional provided the standard of care expected. Medical experts are required to examine the situation to determine whether the doctor or hospital behaved in a manner that was not in accordance with the accepted medical standards.
Birth injuries can have life-altering impacts that require an ongoing series of medical treatments and other expenses. It is crucial to hold hospitals and doctors accountable for their mistakes and seek compensation to meet the future needs of your child.
A lawyer who is experienced in handling medical malpractice cases can oversee the entire
legal procedure for you, including responding to insurer requests and bringing an action against the accountable parties. They can also build a case with the help of evidence, obtain expert testimony, retrieve medical records and documents, and fight for fair settlements to pay for the family's costs for care throughout their lifetime and expenses.
Damages
A birth injury lawsuit requires the expertise of medical experts who will look over medical records, witness statements from you and your family, and other evidence. They will help you establish that the hospital or doctor involved in your case violated their duty of care and caused your child to suffer injuries. Then, they will estimate the damage you have suffered due to those injuries. This includes the current and future medical expenses, lost wages, loss of quality of life, emotional distress, and many other losses.
If nurses, doctors or other medical staff commit mistakes that are not preventable before, during, or after the birth of your child, it could have 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 often have their own legal teams who are on call 24/7 to protect their clients and defend against claims or reduce settlement amounts.
When you employ a New York birth injury lawyer, you can hold medical professionals responsible for your injuries. The lawyer will negotiate with the insurance companies, file a claim in court, and create a strong evidence-based case to establish the responsibility. They will also fight to secure you an acceptable settlement or verdict from a jury for your losses and lifetime expenses for medical care. They can also file your lawsuit in time to meet any applicable deadlines, since the clock starts ticking from the date of the medical negligence or malpractice.
Statute of limitations
Four essential elements are required to file a claim for compensation if a birth injury occurs. Your lawyer can explain each element and create a strong legal argument to support your claim.
Medical negligence claims are based on being able to prove that the defendant owed you the obligation of care and that the defendant violated this duty, and that the breach directly led to the injuries to your child. In order for a claim to be successful it is crucial that you prove causation, which means that the injuries suffered by your child could not have occurred without the actions of the defendant (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 is different from what you believe it to be. Additionally, they may challenge your evidence as well as your expert witnesses or their opinions.
To prove a breach of duty, you'll need to submit medical records and other documents as well as a written statement that describes what went wrong with your child's birth. Additionally, you'll need to file a demand package with an outline of the individuals you believe should be named as defendants. A knowledgeable lawyer can help you establish the appropriate defendants and ensure there's adequate insurance coverage. Lawyers can assist in advancing costs related to litigation, including the costs of highly skilled medical experts. This could help ease some of the financial burden that comes with litigating a claim for
birth injury law firm injury.
