Birth Injury Lawsuits Explained

Childbirth is a risky and stressful event, but families expect their doctors and other medical professionals to ensure a high quality of care. Birth injuries can be catastrophic for families when they are not treated appropriately.

If you suspect your child suffered a birth injury as a result of medical malpractice and you suspect that your child suffered a birth injury, contact a lawyer for help. A reputable lawyer will review your case without charging any upfront costs. A successful claim requires proving the four elements of your case.

Duty of Care

The birth of a baby is one of the most joyous and significant events in a person's life. Unfortunately, this process could be difficult for parents if medical mistakes cause severe injuries to their baby during birth and labor. These mistakes can be irreversible and cause a family be faced with a series of challenges for the rest of their lives.

Doctors and other medical professionals owe a legal duty to treat patients with the respect and skill that is normally expected of health professionals in their respective fields in similar situations. This is called the duty of care. You must prove that a medical professional violated this duty to settle a case. This typically means proving that the medical professional's actions or inability to act was in violation of what a reasonably educated and competent medical professional would have done in the same circumstances.

The second element in a negligence case is the cause. You must prove, through medical documents and expert testimony that the healthcare provider at fault's negligence led to the injury to your child. A doctor, for example could not have observed the vitals of your child during labor and birth. This could have resulted in brain damage due to the prolonged oxygen deprivation.

Damages are a crucial aspect in the case of a successful negligence claim. You must prove that you and/or your child suffered actual significant, quantifiable damages as a result of the healthcare provider's lapse in their duty to care. This includes past and future medical expenses in addition to lost wages, as well as non-economic damages such as pain and discomfort.

Causation

Medical professionals have a duty to their patients to provide care that is in accordance with standards in their field. A nurse or doctor who does not meet the standard of care can cause injuries to patients, and could result in an action for damages. In order to be successful in a case that involves birth injuries, an attorney will have to prove that the breach in duty caused the injury to your child. This can be proven with evidence, such as medical records or 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 treatment. Medical experts are required to look into the matter and offer their opinions regarding whether or not the hospital or doctor was acting in a manner that was incompatible with the accepted medical practice.

Birth injuries can have life-altering impacts that require an ongoing series of medical treatments and other costs. It is crucial to hold doctors and hospitals accountable for their negligence, and receive compensation to pay for the future requirements of your child.

A lawyer experienced in handling medical malpractice cases can manage the entire legal process for you, from responding to insurer requests and bringing a lawsuit against the responsible parties. They can also construct an evidence-based case and get expert testimony, retrieve medical records along with other records and negotiate 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 review medical records, testimony from your family and you and other evidence. They will help establish that the doctor involved in your case acted outside of their duty of take care of your child and caused harm to your child. Then, they'll estimate the damages that you have suffered because of those injuries. This includes your current and future medical expenses in addition to lost wages, loss in quality of life, emotional distress and other losses.

When doctors, nurses, and other medical professionals make preventable errors before, during, or after the birth of your child, it could result in devastating consequences for your family. It can also be difficult to initiate legal action against hospital and doctors who might have acted negligently or erroneously. They usually have their own legal teams who are on call 24/7 to protect their clients and to deny claims or reduce settlement amounts.

By hiring a New York birth injury lawyer, you can hold at-fault medical professionals accountable. The lawyer will handle all communications with insurers and then make your claim to the court, and create an evidence-based case to establish responsibility. They will also fight for you to obtain an equitable jury verdict or settlement for your losses and expenses over your entire life. They can also file a lawsuit in time for any applicable statute of limitations in the event that the clock begins to run from the date the malpractice or medical error occurred.

Statute of Limitations

A successful claim for compensation in a case of birth injury requires four components. Your attorney can provide a detailed explanation of each element and create a strong legal argument in support of your claim.

Medical negligence claims rely on the defendant's obligation to you an obligation of care, that the defendant breached this duty and that the breach directly resulted in the injuries to your child. To prove a claim it is also necessary to prove causation which means that your child's injuries 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 is different from what you claim it to be. They may challenge your evidence or the opinions of your expert witnesses.

You'll need medical records, any other documentation along with an account of what happened during the birth of your child. You'll also need to submit an application package that includes the names of all people you think should be named as defendants. An experienced lawyer can assist you in identifying the most appropriate defendants and ensure there is enough insurance coverage. Lawyers can assist in advancing litigation-related costs, such as the fees of highly qualified medical experts. This helps to alleviate some of the financial strain associated with litigating a birth-related injury claim.