The 10 Scariest Things About Birth Injury Law

Birth Injury Lawsuits Explained

Birth is a dangerous and stressful event, but families expect their doctors and other medical professionals to adhere to a high standard of medical care. Birth injuries can be catastrophic for families if not treated properly.

If you suspect that your child suffered a preventable birth injury as a result of medical malpractice, contact a birth injury lawyer for help. Reputable attorneys will evaluate your case without imposing any upfront costs. In order to prove your claim, you must establish the four elements.

Duty of Care

The birth of a baby is one of the most joyful and memorable events in the lives of any person. Unfortunately, the process can turn traumatic for parents if medical mistakes cause serious injuries to the baby during labor or delivery. These mistakes can be irreparable and create an entire series of problems for families.

Medical professionals and doctors are required by law to treat patients with the care and skill that is normally expected of health care providers in their field in similar situations. This is called the duty of care. If you want to prevail against a healthcare provider who is at fault, you must prove that the medical professional breached this duty. This usually means proving how the medical professional's actions or lack thereof, differed from what a qualified and properly trained medical professional would do in the same circumstances.

The second part of a negligence claim is causation. You must establish through medical records and testimony from an expert that the healthcare provider in question's breach of duty led to your child's injuries. A doctor, for example could not have observed your child's vitals during labor and birth. This could have led to prolonged oxygen deprivation which, in turn, caused brain damage.

The last element of a successful negligence claim is proving damages. You must prove that you or your child suffered real tangible, quantifiable losses as the result of the healthcare professional's failure when it came to their duty of care. This usually includes past and future medical expenses, lost wages, and non-economic losses like pain and suffering.

Causation

Medical professionals have a responsibility to their patients to provide treatment that is in line with standards in their area of expertise. A nurse or doctor who does not meet the standard of care may cause injuries to a patient and lead to a claim for damages. To win a birth injury case the attorney must show that the breach of duty directly led to the injuries suffered by your child. This can be proven with evidence, such as medical records or expert testimony.

It is also crucial to establish that your child would not be injured when a medical professional performed the treatment expected. Medical experts are asked to examine the situation to determine if the doctor or hospital behaved in a manner not in line with the accepted medical guidelines.

Birth injuries can have life-altering effects that need an ongoing series of medical treatments and other expenses. It is essential to make hospitals and doctors accountable for their negligence, and receive compensation to cover the future requirements of your child.

A lawyer with experience in handling medical malpractice cases can manage the entire legal process for you, which includes responding to insurance requests and filing a lawsuit against the responsible parties. They can also build an evidence-based case, secure expert testimony, retrieve medical records and other documents, and fight for an equitable settlement to cover your family's losses and lifetime costs of care.

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 establish that the doctor who is involved in your case has not complied with their duty of take care of your child and caused harm to your child. They will then determine the amount of damage you've suffered due to these injuries. Included are your future and current medical expenses, lost wages, loss of quality of life emotional distress, and other losses.

It can be a tragedy for your family members when nurses, doctors and other medical professionals make preventable mistakes before or even after the birth injury law firm of your child. It can be difficult to take legal action against hospitals and doctors that may have committed negligence or malpractice. They have lawyers on staff who are employed full-time to defend their clients, deflect claims or decrease settlements.

By hiring a New York birth injury lawyer and appointing at-fault medical professionals accountable. Your lawyer will communicate with the insurance companies, file a claim in court and build a solid proof-based case to prove liability. They will also fight for you to obtain an appropriate jury verdict or settlement for your damages and expenses over your lifetime. They will also submit your lawsuit on time to meet any applicable statute of limitations, since the clock begins ticking off from the date of the medical negligence or malpractice.

Statute of Limitations

A successful claim for compensation in a birth injury case requires four components. Your lawyer can provide a detailed explanation of each element and create a strong legal argument to support your claim.

Medical negligence claims require you to demonstrate that the defendant was under an obligation of care for your child, and that he breached that duty, birth injury and that this breach caused the injuries to your child. In order for a claim to be successful it is essential that you prove causation, which means that the injuries suffered by your child wouldn't have occurred but for the actions of the defendant (or inaction).

Defendants may challenge any of these elements. They can argue that they don't have a doctor-patient relationship or that the standards of care are different from what you declare it to be. In addition, they can challenge your evidence or expert witnesses opinion.

You'll have to provide medical records, other documentation along with an explanation of what was wrong with the birth of your child. Additionally, you'll need to file the demand package, which includes the names of all people you consider to be defendants. An experienced lawyer can assist you in identifying right defendants and ensure that there is enough insurance coverage. A lawyer can also assist in advancing the costs associated with litigation including the costs for highly qualified medical experts. This can help reduce some of the financial burden associated with litigating a claim for birth injury.