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Birth Injury Lawsuits Explained

Families are conditioned to believe that their medical doctors and other professionals maintain a high level of care. Birth injuries can be catastrophic for families if not treated appropriately.

If you suspect that your child suffered a birth injury as a result of medical malpractice then contact a birth trauma lawyer for assistance. Reputable attorneys will evaluate your case with no upfront fees. A successful claim requires the proof of the four elements of your case.

Duty of Care

Few events in life are more exciting and special than the birth of a child. Unfortunately, the process can turn traumatic for parents when medical errors result in serious injuries to the baby during labor and delivery. These errors can be irreparable and force a family to confront a long list of challenges.

Medical professionals and doctors are under an obligation under law to treat their patients with the same respect and competence that is expected from health care professionals of similar professions under similar circumstances. This is known as the duty of care. In order to win a case against a healthcare provider who is at fault it is necessary to prove that the medical professional violated this duty. This usually means proving how the medical professional's actions or their lack thereof, were different from what a competent and properly trained medical professional would do in similar circumstances.

The third element in a negligence lawsuit is the causation. You must establish through medical records and testimony from an expert that the healthcare provider responsible for the breach of duty led to your child's injuries. For instance, a healthcare professional may not have observed your child's vital signs during labor and delivery. This could have caused brain damage due to the prolonged oxygen deprivation.

Damages are the final component in the case of a successful negligence claim. You have to prove that you and/or your child suffered genuine significant, quantifiable damages as a result of the healthcare provider's lapse to perform their duty of care. This includes future and past medical expenses, lost wages, and non-economic losses like discomfort and pain.

Causation

Medical professionals are required to their patients to provide care that is consistent with the standards in their field. A doctor or nurse who does not meet the standard of care may cause injury to a patient, and lead to an action for damages. To succeed in a case involving birth injuries, an attorney will need to prove the breach of duty caused your child's injury. This must be proved with evidence, such as medical documents or expert testimony.

It is also important to establish that your child wouldn't have suffered the injury even if the medical professional adhered to the standard of treatment. Medical experts are required to examine the case to determine if the physician or hospital acted in a manner that was not in line with the accepted medical practice.

Birth injuries can have a profound impact on your life and require medical care for the rest of their lives. It is crucial 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 has handled medical malpractice cases is able to handle the entire legal process, including responding to insurance requests and filing a lawsuit against the parties responsible. They can also develop an evidence-based argument and obtain expert testimony, locate medical records as well as other documents and seek a fair settlement that covers the loss of your family as well as lifelong care costs.

Damages

Medical experts are needed to examine medical records, the testimony of you and your family members, and other evidence in a birth injury lawsuit. They will help you prove that the medical professional or hospital involved in your case violated their duty of care and caused injuries to your child. They will also determine the amount of damage you have suffered as a result of those injuries. This includes your future and current medical expenses as well as loss of wages, loss of quality of life, emotional distress, and many other losses.

It can be devastating for your family when doctors, nurses and other medical personnel make preventable mistakes before or after the birth your child. It can also be difficult to take legal action against hospitals and doctors who may have committed malpractice or negligence. They have lawyers on staff who work full-time for them to defend their clients, deflect claims or decrease settlements.

Medical professionals can be held responsible for their actions by hiring a New York birth injuries lawyer. The lawyer will handle all communications with insurers and will file your claim in court, and develop an evidence-based case to establish responsibility. They will also try to secure you an acceptable settlement or verdict from a jury for your losses and life-long healthcare costs. They will also bring your case in time to meet any applicable statute of limitations, as the clock starts ticking on the date of the medical negligence or malpractice.

Statute of limitations

Four elements are necessary to make a successful claim to be compensated when birth injuries occur. Your attorney can explain each one and develop a solid legal argument in support of your claim.

Medical negligence claims rely on showing that the defendant owed you a duty of care and that the defendant violated this duty and that the breach directly caused the injuries to your child. For a claim to succeed it is also necessary that you prove causation, which means that the injuries suffered by your child would not have happened if not for the actions of the defendant (or negligence).

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

To prove breach of duty, you'll need provide medical records and other evidence as well as a written statement that explains what went wrong during your child's birth. You'll also have to submit an demand package that includes a list of the people you think should be named as defendants. A skilled lawyer can help to identify the proper defendants and ensure you have adequate insurance coverage. Lawyers can also help with advancing litigation-related expenses including the costs for highly qualified medical experts. This can help reduce some of the financial burden associated with pursuing a claim for birth injury.