The 10 Scariest Things About Birth Injury Law
Birth Injury Lawsuits Explained
The birth of a child is a potentially dangerous and stressful event, but families expect their doctors and other medical professionals to uphold a high standard of medical care. Birth injuries can be devastating for families when they are not properly treated.
If you suspect your child suffered a preventable birth injury due to medical negligence, contact a birth injury law firm injury lawyer to get help. A reputable lawyer will review your case free of charge and charge no upfront costs. In order to prove your claim, you must prove the four elements.
Duty of Care
Few events in life are more exciting and special than the birth of a child. Unfortunately, the birth process can become traumatic for parents if medical mistakes cause serious injuries to their baby during the birth process and during labor. These mistakes can be irreparable and cause the possibility of a lifetime of difficulties for families.
Doctors and medical professionals have an obligation under law to treat their patients with the same attention and expertise that they expect from health professionals of similar professions in similar situations. This is called the duty of care. To prevail in a lawsuit against an at-fault healthcare provider it is necessary to prove that the medical professional breached this obligation. This usually involves demonstrating how the medical professional's actions, or their lack thereof, were different from what a qualified and properly trained medical professional would perform under the same circumstances.
The second aspect of a negligence claim is the causation. You must prove via medical records and evidence from an expert that the healthcare provider at fault's breach of duty caused your child's injuries. A doctor, for example, may not have monitored the vitals of your child during labor and delivery. This could have resulted in prolonged oxygen deprivation which could have caused brain damage.
The final element of a successful negligence claim is proving damages. You must prove that you and your child suffered actual, quantifiable financial losses resulting from the healthcare professional's inability to meet their obligation of care. This usually includes future and past medical expenses, lost wages and non-economic losses like pain and suffering.
Causation
Medical professionals have a responsibility to their patients to offer care that is in accordance with standards of their area of expertise. A doctor or nurse who does not meet the standard of care may cause injuries to a patient and could result in a claim for damages. To succeed in a birth injury case an attorney must demonstrate that the breach of duty directly led to your child's injuries. This must be proved with evidence, like medical records or expert testimony.
It is also essential to establish that your child wouldn't be injured if a medical professional had given the level of treatment expected. Medical experts are required to review the case to determine if the doctor or the hospital behaved in a manner that was not in line with accepted medical practices.
Birth injuries can cause life-altering impacts that require a lifetime of medical treatments and other costs. It is essential to make hospitals and doctors accountable for their mistakes and seek compensation to cover the future requirements of your child.
A lawyer experienced in handling medical malpractice cases will manage the entire legal process for you, including responding to insurance requests and bringing lawsuits against the responsible parties. They can also create an evidence-based case, secure expert testimony, obtain medical records and other documents, and fight for an equitable settlement to cover your family's losses and lifetime cost of care.
Damages
A birth injury lawsuit requires the expertise of medical experts who look over medical records, witness statements from you and your family, and other evidence. They will help you establish that the doctor or hospital involved in your case breached their duty of care and caused injuries to your child. They will then determine the damage you've suffered because of these injuries. Included are your future and current medical expenses and lost wages, as well as loss in quality of life, emotional distress and other losses.
It can be a tragedy for your family when nurses, doctors and other medical personnel make unavoidable errors prior to or even after the birth of your child. It can also be difficult to take legal action against the hospitals and doctors who may have acted negligently or erroneously. They have teams of lawyers who are employed full-time to protect their clients, deny claims or decrease settlements.
By hiring a New York birth injury lawyer who can hold the medical professionals responsible for your injuries. The lawyer will negotiate with the insurers and then file a claim in court and build a solid evidence-based case to establish liability. They will also advocate for you to get an equitable jury verdict or settlement for your losses and costs over the course of your entire life. They can also submit your lawsuit on time to comply with any applicable statute of limitations, since the clock starts ticking on the date of the malpractice or medical negligence.
Statute of limitations
A successful claim for compensation in a birth injury case includes four parts. Your lawyer can provide a detailed explanation of each element and formulate a convincing legal argument to support your claim.
Medical negligence claims are based on the defendant's obligation to you a duty of care and that the defendant violated this duty and that the breach directly resulted in the injuries to your child. It is crucial to prove causation to win an action. This means that the defendant's actions or inability to act caused your child's injuries.
The defendants may contest any of these elements. They may argue that there is no doctor-patient relationship or that standard of care is not what you claim it to be. They can also challenge your evidence, or the opinions of your expert witnesses.
You'll need medical records, other documentation, as well as an account of what occurred during the birth of your child. Additionally, you'll need to submit a demand Birth Injury packet, which includes the names of all parties you believe should be named defendants. A knowledgeable attorney can help you identify the correct defendants and make sure that there is enough insurance coverage. A lawyer can also assist with the advancement of litigation-related costs like the cost of highly qualified medical experts. This can help reduce some of the financial stress that comes with litigating a claim for birth injury.
