The 10 Most Scariest Things About Birth Injury Law

Birth Injury Lawsuits Explained

Birth is a dangerous and stressful time, but families expect their medical professionals and doctors to uphold a high standard of care. If they don't, birth injuries can be devastating to families.

If you suspect that your child suffered a birth injury as a result of medical malpractice, contact a birth injury law firm injury lawyer for help. The most reputable lawyers will evaluate your case for free and will not charge upfront fees. A successful claim will require proving the four elements of your case.

Duty of Care

Few occasions in life are more joyful and memorable than the birth of a baby. Unfortunately, the process can be difficult for parents who have medical errors cause serious injuries to the baby during labor and birth. These mistakes are often irreparable and cause a family be faced with a series of challenges for the rest of their lives.

Doctors and other medical professionals have a legal obligation to treat patients with the care and skill ordinarily expected of health care providers in their respective fields under similar circumstances. This is known as the duty of care. In order to win a case against a healthcare provider who is at fault you must prove that the medical professional violated this obligation. This usually means proving that the medical professional's actions or failure to act deviated from what a reasonably trained and competent medical professional would have done in the same circumstances.

The second aspect in a negligence lawsuit is the cause. You must establish through 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 instance could not have observed the vitals of your child during labor and birth. This could have led to prolonged oxygen deprivation, which in turn caused brain damage.

Damages are the last element in an effective negligence case. You must prove that either you or your child suffered real significant, quantifiable damages as a result of the healthcare professional's failure in their duty of care. This includes future and past medical costs and lost wages and non-economic losses such as discomfort and pain.

Causation

Medical professionals have a responsibility to patients to provide treatment that is in line with the highest standards of care in their area of expertise. If a nurse or doctor does not meet the standards of care, it can cause injury to a patient and result in an action for damages. To prevail in a birth injury case the attorney must prove that the breach of duty directly caused your child's injuries. This must be proven with evidence such as medical records and expert testimony.

It is also essential to prove that your child wouldn't have suffered the injury even if the medical professional been able to provide the standard of medical care. Medical experts are obligated to examine the case and offer their opinions on whether or not the hospital or doctor was acting in a manner that was not in accordance with accepted medical practices.

Birth injuries can have life-altering effects that require the need for a lifetime of medical care and other expenses. It is vital that you hold doctors and hospitals accountable for their mistakes and seek compensation to help pay for the future needs of your child.

A lawyer who has handled medical malpractice cases has the ability to manage the entire legal process including responding to insurance inquiries and filing a suit against the responsible parties. They can also create an argument using evidence, get expert testimony, access documents and medical records and argue for fair settlements to cover the family's lifetime medical costs and expenses.

Damages

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

If nurses, doctors and other medical professionals make mistakes that could be avoided prior to, during, or after the birth of your child, it could have devastating consequences for your family. It can be difficult to bring legal action against hospitals and doctors that may have committed malpractice or negligence. They have lawyers on staff who work full-time for them to protect their clients, denying claims or limit settlements.

When you employ a New York birth injury lawyer, you can hold medical professionals at fault accountable. Your lawyer will handle communication with insurers and file your claim in court, and construct a strong evidence-based case to prove responsibility. They will also try to secure you an acceptable settlement or jury verdict to cover your losses and future healthcare costs. They can also bring your case in time to be in compliance with any applicable time limit, as the clock starts ticking from the date of the medical negligence or malpractice.

Statute of Limitations

A successful claim for compensation in a birth injury case involves four elements. Your lawyer can help you understand the elements and create an effective legal argument to support your claim.

Medical negligence claims require that you prove that the defendant had the duty of care towards your child, and that the defendant violated that duty, and that this breach led to the injuries to your child. In order for a claim to be successful, it is also essential that you prove causation, which means that the injuries suffered by your child would not have occurred if it weren't for the defendant's actions (or inaction).

The defendants have the option of challenging each of these elements. They could argue that you haven't established a doctor-patient relationship, or that the standard of care you provide is different from what you claim it to be. They can also challenge your evidence as well as your expert witnesses' opinions.

You'll need to provide medical records, other documents, as well as a statement describing what occurred during the birth of your child. Also, you'll need provide a demand package which contains an inventory of the people you consider to be defendants. A knowledgeable attorney can help you identify the proper defendants and make sure there is sufficient insurance coverage. A lawyer can also assist with advancing litigation-related expenses including the costs for highly qualified medical experts. This can help to reduce some of the financial burden that comes with pursuing a claim for birth injury.