The 10 Scariest Things About Birth Injury Law
Birth Injury Lawsuits Explained
Families expect that their doctors and other medical professionals maintain a high level of care. If they don't birth injuries can be devastating to families.
If you suspect your child suffered a birth injury due to medical negligence, contact a birth injury lawyer for assistance. Professionals with a good reputation will assess your case with no upfront fees. A successful claim is based on the evidence of the four elements of your case.
Duty of Care
Few events in life are more joyful and memorable than the birth of a child. However, the birth process can turn traumatic for parents when medical errors cause serious injuries to the baby during labor or delivery. These mistakes can be irreversible and make a family face a lifetime of challenges.
Medical professionals and doctors are under the legal obligation of treating their patients with the same attention and competence that is expected from health professionals of similar professions under similar circumstances. This is called the duty of care. You must demonstrate that a medical professional violated this duty in order to prevail on a case. This usually means proving how the medical professional's actions or lack thereof, differed from what a competent and properly trained medical professional would do under the same circumstances.
The second component in a negligence case is the causation. You must establish, through medical records and expert testimony, that the at-fault healthcare provider's negligence caused the injury of your child. For instance, a doctor might have not been able to keep track of your child's vital indicators during labor and birth. This could have resulted in brain damage as a result of prolonged oxygen deprivation.
Damages are the final part of an effective negligence case. You must prove that you and your child have suffered, quantifiable financial losses resulting from the healthcare professional's inability to meet their obligation of care. This typically includes future and past medical expenses, lost wages, and non-economic losses like pain and suffering.
Causation
Medical professionals are obligated to patients to provide care that is consistent with the standard of care in their specialization. A nurse or doctor who fails to adhere to the standard of care may cause injuries to a patient and lead to the possibility of a claim for damages. To win a birth injury case the attorney must prove that the breach of duty directly caused the injuries suffered by your child. This can be proven with evidence, such as medical documents or expert testimony.
It is also necessary to establish that your child wouldn't have suffered the injury in the event that the medical professional been able to provide the standard of care. Medical experts are required review the case in order to determine whether the doctor or hospital acted in a way that was not in accordance with the accepted medical practice.
Birth injuries can cause life-altering effects that require an ongoing series of medical treatments and other expenses. It is important to hold at-fault doctors and hospitals responsible for their negligence and seek compensation to the future of your child's needs.
A lawyer experienced in handling medical malpractice cases can oversee the entire legal process for you, from responding to insurer requests and filing an action against the responsible parties. They can also develop an argument based on evidence, secure expert testimony, locate medical records and documents and negotiate fair settlements that cover the family's costs for care throughout their lifetime and losses.
Damages
A birth injury lawsuit requires the expertise of medical experts who will examine medical records, testimonies from you and your family as well as other evidence. They will establish that the doctor in your case violated their duty to care and caused injuries to your child. They will then calculate the amount of damage you've suffered due to these injuries. These include your current and future medical expenses in addition to lost wages, loss in quality of life, emotional distress, and many other losses.
It can be devastating for your family when doctors, nurses and other medical staff commit preventable mistakes before, during or after the birth your child. It isn't easy to bring legal action against doctors and hospitals who have committed malpractice or negligence. They usually have their own legal teams working full-time to protect their clients and to deny claims or reduce settlement amounts.
If you hire a New York birth injury lawyer to represent you, you can hold medical professionals who are at fault accountable. Your lawyer will be in contact with the insurers and then file a claim in court and construct a solid evidence-based case to establish the responsibility. They will also advocate for you to obtain a fair jury verdict or settlement for your losses as well as care costs over the course of your life. They may also file a lawsuit in time for any applicable statute of limitation and the clock starts to tick from the date the malpractice or negligence occurred.
Statute of Limitations
A successful claim for compensation in a birth injury attorney injury case includes four parts. Your lawyer can help you understand the various elements and develop an effective legal argument to support your claim.
Medical negligence claims require showing that the defendant owed you the obligation of care and that the defendant violated this obligation, and that the breach directly led to your child's injuries. It is essential to prove causation to win a claim. This means that the defendant's actions, or inability to act would not have resulted in the injury of your child.
The defendants may contest any of these elements. They may claim that there isn't a doctor-patient relationship, or that the standard care is not what you claim it to be. They may challenge your evidence or the opinions of your expert witnesses.
To prove breach of duty, you'll have to submit medical records as well as other documentation, and provide a statement of what went wrong with the birth of your child. You'll also have to submit an demand package, which includes the names of the parties you believe should be named defendants. A skilled lawyer can help to identify the proper defendants and make sure there's sufficient insurance coverage. A lawyer can also help in advancing costs related to litigation such as the cost of highly qualified medical experts. This can help to reduce some of the financial stress associated with pursuing a claim for birth injury.