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Birth Injury Lawsuits Explained

Childbirth is a risky and stressful experience, however families expect their medical professionals and doctors to ensure a high quality of care. When they do not, birth injuries can be devastating to families.

If you suspect that your child has suffered a preventable birth injury law firm injury due to medical malpractice and you suspect that your child suffered a birth injury, contact a lawyer for assistance. A reputable lawyer will review your case and not charge any upfront fees. In order to prove your claim, you must establish the four elements.

Duty of Care

The birth of a baby can be one of the most joyous and memorable moments in a person's lifetime. Unfortunately, the process can turn traumatic for parents who have medical errors cause serious injuries to the baby during labor or delivery. These mistakes can be irreparable, creating a lifetime of challenges for a family.

Medical professionals and doctors have a legal obligation to provide patients with the level of care and skill ordinarily expected of health professionals in their respective fields in similar situations. This is called the duty of care. You must demonstrate that a medical professional violated this duty to be able to win a claim. This typically means proving that the medical professional's actions or inability to act was in violation of what a reasonably educated and competent medical professional would have done in the same circumstances.

The third element of a negligence claim is causation. You must establish, through medical documents and expert testimony that the at-fault healthcare professional's negligence led to your child's injury. A doctor, for instance could not have observed your child's vitals during labor and birth. This could have led to brain damage from prolonged oxygen deprivation.

Damages are the most important aspect in a successful negligence case. You must prove that either you or your child suffered genuine significant, quantifiable damages as a result of the healthcare professional's incompetence to perform their duty of care. This usually includes future and past medical expenses, lost wages and other non-economic losses such as pain and suffering.

Causation

Medical professionals have a responsibility to their patients to provide care that is in line with standards in their area of expertise. If a doctor or nurse is not able to meet this standard of care, it could result in injury to the patient, and lead to an action for damages. In order to win a birth injury lawsuit the attorney must show that the breach of duty directly led to your child's injuries. This has to be proved by evidence like medical records and expert testimony.

It is also necessary to prove that your child would not have suffered the injury even if the medical professional performed the required standard of treatment. Medical experts are expected to review the case and give their opinion regarding whether or not the doctor or hospital performed a procedure that was incompatible with the accepted medical practice.

Birth injuries can cause life-altering consequences that require the need for a lifetime of medical care and other expenses. It is essential to hold doctors and hospitals accountable for their negligence, and receive compensation to help pay for the future requirements of your child.

A lawyer who is experienced in handling medical malpractice cases can oversee the entire legal process for you, including responding to insurance requests and filing an action against the accountable parties. They can also build an evidence-based case, secure expert testimony, recover medical records along with other records and then fight for a fair settlement that covers your family's losses and lifetime costs of care.

Damages

A birth injury lawsuit requires the expertise of medical experts who will examine medical records, testimonies from your family and you as well as other evidence. They will help establish that the doctor who is involved in your case acted outside of their duty to care for your child and causing injuries to your child. They will also estimate the damage you've suffered as a result of these injuries. Included are your future and current medical costs and lost wages, as well as loss of quality of your life emotional distress and other losses.

It can be devastating for your family when doctors, nurses and other medical personnel make unavoidable errors prior to, during or after the birth your child. It can be difficult to take legal action against doctors and hospitals who may have committed malpractice or negligence. They typically 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 an New York birth injury lawyer to represent you, you can hold medical professionals at fault accountable. Your lawyer will handle communication with insurance companies and present your claim in court, and build solid evidence-based arguments to prove the liability. They will also fight for you to obtain an appropriate jury verdict or settlement for your losses and care expenses over your lifetime. They can also start a lawsuit before the deadline for any applicable statute of limitation, as the clock begins to run from the date the medical malpractice or negligence occurred.

Statute of limitations

A successful claim for compensation in a birth injury lawsuit requires four components. Your lawyer can explain the factors and craft an effective legal argument to support your claim.

Medical negligence claims require that you prove that the defendant had an obligation to care for your child, that he breached that duty, and that his breach caused the injuries to your child. For a claim to succeed it is crucial that you prove causation, which means that your child's injuries would not have occurred if it weren't for the defendant's actions (or the failure to act).

The defendants can challenge any of these elements. They could argue that you haven't established a doctor-patient relationship, or that the standard of care is different from what you declare it to be. They can also contest your evidence and expert witnesses opinion.

You'll need to provide medical records, other documents along with an explanation of what occurred during the birth of your child. Also, you'll need to submit a demand package with a list of all individuals you think should be named as defendants. An experienced lawyer can help to identify the proper defendants and make sure there's sufficient insurance coverage. A lawyer can also help with the advancement of litigation-related costs such as the cost of highly qualified medical experts. This can help ease some of the financial burden that comes when litigating a birth injury claim.