5 Laws Everyone Working In Birth Injury Law Should Know

Birth Injury Lawsuits Explained

Families expect that their medical doctors and other professionals will ensure a high standard of care. Birth injuries can be devastating for families if they're not treated appropriately.

If you suspect your child suffered a preventable birth injury as a result of medical malpractice then contact a birth trauma lawyer for help. The most reputable lawyers will review your case without imposing any upfront fees. A successful claim will require proving the four elements of your case.

Duty of Care

Few events in life are more joyful and memorable than the birth injury lawyers of a child. Unfortunately, this process can be traumatic for parents when medical errors cause serious injuries to their baby during labor and birth. These mistakes can be irreparable, creating a lifetime of challenges for a family.

Medical professionals and doctors are under an obligation under law to treat their patients with the same care and expertise that they expect from health care providers in similar professions under similar circumstances. This is called the duty of care. You must prove that a medical professional has violated this duty to win an action. This typically involves 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 similar circumstances.

The second part of a negligence claim is causation. You must prove via medical records and testimony from an expert that the healthcare professional at fault's breach of duty caused your child's injuries. For instance, a healthcare professional might have not been able to keep track of your child's vital indicators during labor and birth. This could have led to prolonged oxygen deprivation, which in turn caused brain damage.

The final element of a successful negligence claim is the amount of damages. You must prove that you and your child suffered actual significant financial losses, which are quantifiable, resulting from the at-fault medical professional's failure to meet their duty of care. This includes future and past medical expenses in addition to lost wages, as well as other damages like pain and discomfort.

Causation

Medical professionals are required to patients to provide care that is consistent with the standards of medical care in their area of expertise. If a physician or nurse is not able to meet this standard of care, they could cause injury to a patient, and lead to a claim for damages. To win a birth injury lawsuit an attorney must demonstrate that the breach of duty directly caused your child's injuries. This must be proved using evidence like medical records and expert testimony.

It is also essential to establish that your child would not be injured in the event that a medical professional been able to provide the level of medical care expected. Medical experts are required to examine the case to determine if the physician or hospital acted in a manner that was not in accordance with the accepted medical standards.

Birth injuries can cause life-altering impacts that require an ongoing series of medical treatments and other expenses. It is important to hold at-fault doctors as well as hospitals responsible for their negligence and seek compensation to pay for your child's future needs.

A lawyer who has dealt with medical malpractice cases can handle the entire legal process including responding to insurance requests and bringing a lawsuit against the responsible parties. They can also construct an evidence-based case and secure expert testimony, recover medical records as well as other documents and negotiate an equitable settlement to cover your family's losses as well as lifetime expenses for medical care.

Damages

A birth injury lawsuit requires the expertise of medical experts who examine medical records, evidence from your family and you, and other evidence. They will determine if the doctor involved in your case acted outside of their duty of care for your child and causing injuries to your child. They will then estimate the damages you've suffered as a result of these injuries. These include your future and current medical expenses and the loss of income, the loss of quality of life, emotional distress, and other losses.

If nurses, doctors, and other medical personnel make mistakes that are preventable prior to or during the birth of your child, it can result in devastating consequences for your family. It can also be difficult to pursue legal action against hospital and doctors who might have committed malpractice or negligence. They have lawyers on staff who are full-time employees to protect their clients, reject claims or reduce settlements.

You can hold medical professionals accountable for their actions by hiring a New York birth injuries lawyer. Your attorney will handle communications with insurance companies, submit your claim to court, and create solid evidence-based arguments to prove liability. They will also try to secure you an appropriate settlement or verdict from a jury for your losses as well as lifetime cost of care. They will also bring your case in time to comply with any applicable statute of limitations, 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 lawsuit requires four components. Your lawyer can explain each element and build a strong legal argument in support of your claim.

Medical negligence claims depend on proving that the defendant owed you an obligation of care and that the defendant violated this duty and that the breach directly led to the injuries to your child. To prove a claim it is also necessary to prove causation which means that the injuries suffered by your child wouldn't have occurred but for the defendant's actions (or negligence).

Defendants may challenge any of these elements. They may claim that there isn't a doctor-patient relationship, or that the normal care isn't what you claim it to be. They can also challenge your evidence and your expert witnesses' opinions.

You'll need to submit medical records, other documentation, as well as a statement describing what occurred during the birth of your child. You'll also have to make an application for a demand form which contains an inventory of the individuals you believe should be named defendants. A skilled lawyer can help identify the right defendants and ensure you have adequate insurance coverage. A lawyer can assist you in advancing costs related to litigation, including the fees of highly qualified medical experts. This helps ease some of the financial strain that comes with litigating a birth injury claim.