Birth Injury Law Explained In Less Than 140 Characters

Birth Injury Lawsuits Explained

The birth of a child is a potentially dangerous and stressful time, but families expect their doctors and other medical professionals to uphold a high standard of care. Birth injuries can be devastating for families if they're not treated appropriately.

Contact a birth injury law firms injury attorney for assistance when you suspect that your child has suffered a preventable injury during birth due to medical negligence. A reputable lawyer will review your case free of charge and will not charge upfront fees. A successful claim is based on the evidence of the four elements of your case.

Duty of Care

Few things in life are more joyful and memorable than the birth of a baby. Unfortunately, this birthing process can be stressful for parents if medical blunders result in serious injuries to their baby during labor and birth. These errors can be irreversible and create a lifetime of challenges for the family.

Medical professionals and doctors are legally bound to treat patients with the care and expertise that is expected of health professionals in their respective fields in similar situations. This is known as 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 typically involves proving how the medical professional's actions or lack thereof, differed from what a competent and reasonably trained medical professional would perform under the same circumstances.

The second aspect of a negligence claim is the causation. You must prove with medical records and testimony from an expert that the healthcare provider in question's breach of duty led to your child's injuries. For example, a doctor might have not been able to keep track of your child's vital signs during labor and delivery. This could have led to brain damage from prolonged oxygen deprivation.

The last element of a successful negligence claim is proving damages. You have to prove that you and/or your child suffered actual tangible, quantifiable losses as the result of the healthcare professional's negligence in 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 are required to patients to provide treatment consistent with the standard of care in their field. A doctor or nurse who does not meet the standards of care can cause injuries to a patient and could result in claims for damages. In order to win a birth injury lawsuit an attorney must demonstrate that the breach of duty directly led to the injuries suffered by your child. This has to be proven by evidence such as medical records or expert testimony.

It is also essential to prove that your child would not have suffered an injury if a medical professional had performed the care expected. Medical experts are asked to review the case to determine if a doctor or hospital acted in a manner not consistent with the accepted medical standards.

Birth injuries can be life-changing and require medical attention for a lifetime. It is essential to hold at-fault doctors and hospitals responsible for their negligence, and to seek compensation to provide for your child's future requirements.

A lawyer who has handled medical malpractice cases can manage the entire legal process, including responding to insurance requests and filing a suit against the parties responsible. They can also build a case based on evidence, secure expert testimony, retrieve documents and medical records and argue for fair settlements to cover family's lifetime medical costs and losses.

Damages

A birth injury lawsuit requires the expertise of medical experts who examine medical records, evidence from your family and you as well as other evidence. They will help you establish that the hospital or doctor involved in your case violated their duty of care and caused your child injuries. They will then determine the damages you have suffered due to these injuries. Included are your current and future medical costs, lost wages, diminished quality of life emotional distress, and other losses.

It can be devastating for your family if nurses, doctors and other medical professionals make errors that could have been avoided prior to or during the birth your child. It can be also difficult to bring legal action against doctors and hospitals who may have acted negligently or erroneously. They often have their own teams of lawyers who are full-time employed to protect their clients and deny claims, or reduce settlement amounts.

If you hire an New York birth injury lawyer who can hold the at-fault medical professionals accountable. Your attorney will handle communications with insurers and make your claim to the court, and construct a strong evidence-based case to establish liability. They will also try to secure you an appropriate settlement or jury verdict for your losses and lifetime healthcare costs. They will also submit your lawsuit on 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 lawsuit involves four elements. Your lawyer can help you understand the components and build an effective legal argument in support of your claim.

Medical negligence claims require you to prove that the defendant had a duty of caring towards your child, that he breached that duty, and that the breach caused the injuries to your child. To be successful in a claim it is essential to prove causation which means that the injuries suffered by your child could not have occurred without the defendant's actions (or inaction).

The defendants can challenge any of these elements. They may argue that you aren't establishing a doctor-patient partnership, or that the standards of care are different from what you declare it to be. They may also challenge your proof or the opinions of your expert witnesses.

In order to prove a breach of duty, you'll need provide medical records and other documentation along with a declaration of what went wrong in your child's birth. You will also need to provide a demand package that includes an inventory of the individuals you consider to be defendants. A knowledgeable attorney will assist you in identifying the most appropriate defendants and ensure there is adequate insurance coverage. A lawyer can also assist in advancing costs related to litigation such as the cost of highly qualified medical experts. This helps to alleviate some of the financial burden associated with litigating a birth-related injury claim.