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Birth Injury Lawsuits Explained

The birth of a child is a potentially dangerous and stressful experience, but families expect their medical professionals and doctors to ensure a high quality of care. If they fail to do so birth injuries can be devastating for families.

If you suspect your child has suffered a preventable birth injury due to medical malpractice then contact a birth trauma lawyer for help. A reputable lawyer will review your case with no upfront costs. A successful claim requires proving the four elements of your case.

Duty of Care

The birth of a baby can be one of the most joyful and memorable moments in a person's lifetime. Unfortunately, the birth process could be difficult for parents if medical errors cause serious injuries to their child during birth injury lawsuits and labor. These errors could be irreparable, creating a lifetime of challenges for the family.

Doctors and other medical professionals are legally bound to treat patients with the care and competence that is expected of health professionals in their field under similar circumstances. This is called the duty of care. In order to win a case against a healthcare provider who is at fault it is necessary to prove that the medical professional violated this obligation. This usually means proving that the medical professional's actions, or absence of actions, differed from what a competent and reasonably trained medical professional would perform under the same circumstances.

The second element of a negligence claim is causation. You must prove with medical records and testimony from an expert that the healthcare provider at fault's breach of duty caused your child's injuries. A doctor, for instance, may not have monitored your child's vitals during labor and delivery. This could have resulted in prolonged oxygen deprivation which could have caused brain damage.

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

Causation

Medical professionals have a responsibility to their patients to offer care that is in accordance with standards in their area of expertise. A nurse or doctor who fails to adhere to the standards of care can cause injury to a patient, and may result in claims for damages. To succeed in a case of birth injury the attorney must show that the breach of duty directly caused your child's injuries. This has to be proved by evidence like medical documents and expert testimony.

It is also important to establish that your child would not have suffered a traumatic injury even if a medical professional given the level of medical care expected. Medical experts are expected to examine the situation and provide an opinion as to whether or not the doctor or hospital did something that was inconsistent with accepted medical practices.

Birth injuries can cause life-altering effects that require the use of a lifetime of medical treatment and other costs. It is important to hold at-fault physicians and hospitals responsible for their negligence and obtain compensation to help pay for your child's future needs.

A lawyer who has handled medical malpractice cases can handle the entire legal process, including responding to insurance requests and filing a lawsuit against the parties responsible. They can also build an evidence-based argument and obtain expert testimony, locate medical records and other records, and fight for an equitable settlement to cover the losses of your family and continue to pay for expenses for medical care.

Damages

A birth injury lawsuit requires the expertise of medical experts who look over medical records, witness statements from your family and you and other evidence. They will establish that the doctor in your case violated their duty to care for your child and causing injuries to your child. They will also estimate the damage you've suffered as a result of these injuries. Included are your future and current medical costs, lost wages, loss of quality of life, emotional distress and other losses.

It can be devastating for your family members when doctors, nurses and other medical personnel make preventable mistakes before, during or after the birth of your child. It can also be difficult to take legal action against hospitals and doctors who could have acted negligently or erroneously. They usually have their own teams of lawyers who are on call 24/7 to protect their clients and deny claims, or reduce settlement amounts.

By hiring an New York birth injury lawyer to represent you, you can hold medical professionals who are at fault accountable. Your lawyer will communicate with the insurance companies and then file a claim in court and build a solid evidence-based case to establish liability. They will also fight for you to win an appropriate jury verdict or settlement for your damages and costs over the course of your life. They can also start a lawsuit before the deadline for any applicable statute of limitation in the event that the clock begins to run from the day the malpractice or negligence occurred.

Statute of Limitations

A successful claim for compensation in a birth injury case includes four parts. Your attorney can explain each of them and formulate a convincing legal argument in support of your claim.

Medical negligence claims are based on the defendant's obligation to you the duty of care, that the defendant breached this obligation, and that the breach directly resulted in your child's injuries. It is crucial to prove causation to be successful in an action. This means that the defendant's actions or failure to act would not have resulted in the injury of your child.

Defendants may challenge any of these elements. They can argue that you haven't established a doctor-patient relationship, or that the standard of care is different from what you believe it to be. They may also challenge your proof or the opinions of your expert witnesses.

To prove that you have breached your obligation, you'll need provide medical records and other evidence and a written declaration of what went wrong during your child's birth. You'll also need to submit the demand package, which includes a list of all individuals you consider to be defendants. A knowledgeable attorney can assist you in identifying proper defendants and make sure there is enough insurance coverage. A lawyer can help advance costs related to litigation, including the expenses of highly qualified medical experts. This can ease some of the financial burden that comes with pursuing an injury claim arising from birth.