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Birth Injury Lawsuits Explained

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

If you suspect your child has suffered a preventable birth injury due to medical malpractice, contact a birth injury lawyer for help. Professionals with a good reputation will assess your case without imposing any upfront fees. A successful claim will require proving the four elements of your case.

Duty of Care

Few life events are more memorable and special than the birth of a child. However, this event can become traumatic for parents if medical errors cause serious injuries to their child during labor and birth. These errors can be irreversible and cause the possibility of a lifetime of difficulties for the entire family.

Medical professionals and doctors are under a legal obligation to treat their patients with the same attention and expertise that is expected from health care professionals of similar professions in similar circumstances. This is known as the duty of care. In order to win a case against an at-fault healthcare provider, you must prove that the medical professional breached this obligation. This usually means proving that the medical professional's actions or lack thereof, differed from what a qualified and competent medical professional would perform under the same circumstances.

The third element of a negligence claim is the causation. You must prove with medical records and evidence from an expert that the healthcare professional responsible for the breach of duty led to your child's injuries. A doctor, for example could not have observed your child's vitals during labor and delivery. This could have led to prolonged oxygen deprivation, which, in turn, caused brain damage.

The final aspect of a successful negligence case is damages. You must prove that you and your child have suffered, quantifiable financial losses resulting from the at-fault medical professional's failure 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 bound to their patients to offer care that is consistent with the standards in their field. A nurse or doctor who fails to adhere to the standards of care could cause injuries to patients, and lead to claims for damages. To win a birth injury lawsuit the attorney must show that the breach of duty directly led to the injuries suffered by your child. This must be proved using evidence such as medical records and expert testimony.

It is also essential to establish that your child would not be injured in the event that a medical professional been able to provide the level of treatment expected. Medical experts are obligated to examine the situation and give their opinion as to whether or not the doctor or hospital did something that was inconsistent with accepted medical procedures.

Birth injuries can be life-changing and require medical treatment for the rest of their lives. It is important to hold at-fault doctors and hospitals accountable for their actions and seek compensation that can help provide for your child's future requirements.

A lawyer experienced in handling medical malpractice cases can oversee the entire legal process for you, from responding to insurer requests and bringing an action against the responsible parties. They can also develop an evidence-based argument and obtain expert testimony, obtain medical records along with other records and negotiate an equitable settlement to cover the losses of your family and continue to pay for costs of care.

Damages

A birth injury lawsuit requires the expertise of medical experts who will examine medical records, evidence from your family and you as well as other evidence. They will help you prove that the hospital or doctor involved in your case breached their duty of care and caused your child to suffer injuries. They will also determine the amount of damage you have suffered as a result of these injuries. Included are your present and future medical costs as well as lost wages, diminished quality of life emotional distress and other losses.

It can be a devastating experience for your family if nurses, doctors and other medical professionals make preventable mistakes before or even after the birth of your child. It isn't always easy to bring legal action against hospitals and doctors who may have committed negligence or malpractice. They have teams of lawyers who work full-time for them to protect their clients, reject claims or limit settlements.

When you employ an New York birth injury lawyer to represent you, you can hold medical professionals who are at fault accountable. Your lawyer will handle communications with insurers, submit your claim to court, and construct an evidence-based argument to prove responsibility. They will also fight for you to get an appropriate jury verdict or settlement for your losses and care expenses over your lifetime. They will also make your claim in time to meet any applicable statute of limitations, since the clock begins to tick from the date of the malpractice or medical negligence.

Statute of Limitations

A successful claim for compensation in a birth injury attorney injury lawsuit is based on four components. Your attorney can explain the various elements and develop an argument that is legal and strong in support of your claim.

Medical negligence claims rely on the defendant's obligation to you the obligation of care and that the defendant violated this duty, and that the breach directly resulted in the injuries to your child. To prove a claim it is also necessary that you establish causation, which means that the injuries suffered by your child could not have occurred without the defendant's actions (or negligence).

Defendants may challenge any of these elements. They could claim that there isn't a doctor-patient connection or that the standard of care isn't what you claim it is. They may challenge your evidence or the opinions of your expert witnesses.

In order to prove a breach of duty, you'll need to provide medical records and other documentation as well as a written statement that explains what went wrong during your child's birth. Also, you'll need to submit an application package that includes a list of all individuals you think should be named as defendants. A skilled attorney can assist you in identifying the proper defendants and make sure there is sufficient insurance coverage. A lawyer can assist with litigation-related costs, such as the expenses of highly qualified medical experts. This could help ease some of the financial burden associated with pursuing an injury claim arising from birth.