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Birth Injury Lawsuits Explained

The birth of a child is a potentially dangerous and stressful experience, however families expect their doctors and other medical professionals to adhere to a high standard of care. If they fail to do so, birth injuries can be devastating for families.

If you suspect that your child has suffered a preventable birth injury due to medical negligence or birth injuries, you should contact a birth injury lawyer for help. The most reputable lawyers will evaluate your case at no cost and will not charge upfront fees. A successful claim is based on the evidence of the four elements of your case.

Duty of Care

Few life events are more memorable and special than the birth of a child. Unfortunately, the birth process can become traumatic for parents if medical errors result in severe injuries to their baby during birth and labor. These errors could be irreparable which can cause many challenges for a family.

Doctors and medical professionals have a legal obligation to treat their patients with the same care and expertise that they expect from health care professionals of similar professions in similar circumstances. This is called the duty of care. You must demonstrate that a medical professional has violated this duty to win an action. This usually means proving that the medical professional's actions or their lack thereof, were different from what a competent and properly trained medical professional would have done in the same circumstances.

The second aspect in a negligence lawsuit is the cause. You must prove via medical records and testimony from an expert that the healthcare professional who was at fault's negligence caused your child's injuries. A doctor, for example could not have observed the vitals of your child during labor and birth. This could have caused brain damage due to the prolonged oxygen deprivation.

The final component of a successful negligence claim is the amount of damages. You must prove that you as well as your child suffered real, tangible financial losses from the at-fault medical professional's failure to perform their duty of care. This includes future and past medical expenses such as lost wages, as well as other damages such as discomfort and pain.

Causation

Medical professionals are required to their patients to provide treatment that is in line with standards of their area of expertise. A nurse or doctor who fails to meet the standard of care may cause injuries to patients, and lead to claims for damages. To succeed in a birth injury lawsuit an attorney must demonstrate that the breach of duty directly caused the injuries suffered by your child. This can be proved with evidence like medical documents and expert testimony.

It is also necessary to establish that your child wouldn't have suffered the injury if the medical professional had met the expected standard of care. Medical experts are called to examine the case and provide their opinion as to whether or not the hospital or doctor performed a procedure that was incompatible with accepted medical practices.

Birth injuries can have life-altering effects that require the need for a lifetime of medical care and other costs. It is important that you hold hospitals and doctors accountable for their mistakes, and receive compensation to cover the future needs of your child.

A lawyer who has handled medical malpractice cases can handle the entire legal process, including responding to insurance inquiries and bringing a lawsuit against the accountable parties. They can also build an argument based on evidence, secure expert testimony, locate documents and medical records and negotiate fair settlements to cover family's lifetime medical costs and losses.

Damages

A birth injury attorneys injury lawsuit requires the expertise of medical experts who will review medical records, testimony from your family and you and other evidence. They will assist you in proving that the doctor or hospital involved in your case violated their duty of care and caused your child injuries. They will then estimate the damage you have suffered as a result of these injuries. This includes your future and current medical expenses and the loss of income, the loss of quality of life, emotional distress, and other losses.

It can be devastating for your family members when nurses, doctors and other medical staff commit errors that could have been avoided prior to, during or after the birth your child. It isn't easy to bring legal action against hospitals and doctors who have committed negligence or malpractice. They have lawyers on staff who work full-time to protect their clients, deny claims or decrease settlements.

If you hire an New York birth injury lawyer, you can hold at-fault medical professionals accountable. The lawyer will handle all communications with insurers and then submit your claim to court, and build a strong evidence-based case to prove the liability. They will also work to secure you an acceptable settlement or verdict from a jury for your losses as well as lifetime healthcare costs. They can also make a claim in time for any applicable statute of limitations and the clock starts to tick from the time the malpractice or negligence occurred.

Statute of Limitations

A successful claim for compensation in a birth injury lawsuit includes four parts. Your lawyer can help you understand the components and build a strong legal case in support of your claim.

Medical negligence claims are based on showing that the defendant owed you a duty of care and that the defendant violated this duty, and that the breach directly resulted in your child's injuries. To be successful in a claim it is essential that you establish causation, which means that your child's injuries would not have occurred if it weren't for the defendant's actions (or inaction).

The defendants may contest any of these elements. They may claim that there isn't a doctor-patient relationship or that standard of care is not what you claim it is. They can also challenge your evidence or the opinions of your expert witnesses.

To prove that you have breached your duty, you'll have to submit medical records as well as other documentation as well as a written statement of the circumstances that led to the birth of your child. You'll also have to provide a demand package that includes the names of the individuals you think should be named as defendants. A skilled lawyer can help you establish the appropriate defendants and make sure there's sufficient insurance coverage. A lawyer can also assist in advancing the costs associated with litigation including the costs for highly qualified medical experts. This helps alleviate some of the financial strain associated when litigating a birth injury claim.