birth injury law firm Injury Lawsuits Explained

The birth of a child is a potentially dangerous and stressful experience, but families expect their medical professionals and doctors to adhere to a high standard of care. When they do not birth injuries can be devastating for families.

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

Duty of Care

Birth of a baby is one of the most joyous and memorable events in the lives of any person. However, the birth procedure can be very stressful for some parents if medical errors cause serious injuries to the baby during labor or delivery. These mistakes could be irreparable and cause an entire series of problems for the entire family.

Medical professionals and doctors are under an obligation under law to treat their patients with the same respect and skill that is expected from health care providers of similar professions in similar situations. This is known as the duty of care. If you want to prevail against a healthcare provider who is at fault you must show that the medical professional violated this duty. This usually means proving that the medical professional's actions or lack thereof, differed from what a qualified and competent medical professional would perform under the same circumstances.

The second element of a negligence claim is causation. You must establish through medical records and evidence from an expert that the healthcare professional who was at fault's negligence led to your child's injuries. A doctor, for instance, may not have monitored the vitals of your child during labor and birth. This could have led to prolonged oxygen deprivation which, in turn, caused brain damage.

The final aspect of a successful negligence case is damages. You must prove that you or your child experienced real, quantifiable losses as a result of the healthcare professional's failure when it came to their duty of care. This includes future and past medical expenses, lost wages, as well as other damages such as discomfort and pain.

Causation

Medical professionals are bound to their patients to provide them with care that is in line with standards of their field. If a medical professional or nurse fails to meet this standard of care, they could result in injury to the patient, and lead to a claim for damages. To succeed in a birth injury case the attorney must prove that the breach of duty directly led to the injuries suffered by your child. This can be proven with evidence, like medical records or Birth injury expert testimony.

It is also essential to prove that your child wouldn't have suffered an injury when a medical professional given the level of care that is expected. Medical experts are called to review the case and provide their opinion on whether the doctor or hospital acted in a way that was inconsistent with the accepted medical practice.

Birth injuries can alter the course of your child's life and require medical treatment for the rest of your life. It is crucial to hold doctors and hospitals accountable for their mistakes, and receive compensation to cover the future needs of your child.

A lawyer experienced in handling medical malpractice cases can oversee the entire legal process for you, from responding to insurance requests and filing lawsuits against the responsible parties. They can also develop an argument with the help of evidence, obtain expert testimony, obtain documents and medical records and negotiate fair settlements that cover the family's life-long care costs and expenses.

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 help establish that the doctor in your case has not complied with their duty of provide care and harmed your child. They will then calculate the damages you've suffered as a result of these injuries. Included are your future and current medical costs and lost wages, as well as loss of quality of life, emotional distress and other losses.

When nurses, doctors, or other medical staff commit preventable errors before or during the birth of your child, it could result in devastating consequences for your family. It can be difficult to bring legal action against doctors and hospitals who have acted negligently or with a lack of care. They usually 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 to represent you, you can hold medical professionals responsible for your injuries. Your lawyer will handle communication with insurance companies and then make your claim to the court, and create solid evidence-based arguments to prove responsibility. They will also fight to secure you an acceptable settlement or verdict from a jury for your losses and life-long care costs. They can also submit your lawsuit on time to comply with any applicable deadlines, 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 case includes four parts. Your lawyer can explain each element and develop a solid legal argument in support of your claim.

Medical negligence claims require the defendant's obligation to you the obligation of care, that the defendant breached this duty, and that the breach directly led to the injuries to your child. It is essential to prove causation to win a claim. This means that the defendant's actions, or inability to act caused the injuries to your child.

Defendants can challenge each of these elements. They can argue that they don't have a doctor-patient relationship or that the standard of care you provide is different than what you assert it to be. Additionally, they could challenge your evidence as well as your expert witnesses and their opinions.

You'll need medical records, other documents along with a statement describing what occurred during the birth of your child. Also, you'll need make an application for a demand form that contains an inventory of the people you think should be named as defendants. An experienced lawyer can assist you in identifying proper defendants and make sure there is sufficient insurance coverage. A lawyer can help advance litigation-related costs, such as the costs of highly skilled medical experts. This can help to reduce some of the financial stress associated with pursuing a claim for birth injury.