Birth Injury Lawsuits Explained

Birth is a dangerous and stressful time, but families expect their doctors and other medical professionals to adhere to a high standard of medical care. When they do not, birth injuries can be devastating to families.

Contact a birth injury attorney to seek assistance when you suspect that your child suffered a preventable injury during birth due medical negligence. A reputable lawyer will review your case for free and will not charge any upfront fees. A successful claim will require proving the four elements of your case.

Duty of Care

Few life events are more joyful and memorable than the birth of a child. However, the orangeburg Birth injury law firm process can be difficult for some parents if medical mistakes cause serious injuries to the baby during labor and omak birth injury lawsuit. These mistakes are often irreparable and cause a family endure a lifetime of difficulties.

Medical professionals and doctors are under a legal obligation to treat their patients with the same level of care and skill that is expected from health care providers of similar professions in similar situations. This is called the duty of care. You must prove that a medical professional has violated this duty in order to prevail on a claim. This usually means proving that the medical professional's conduct or failure to act in a manner that was not consistent with what a reasonably educated and competent medical professional would have done in the same circumstances.

The second element of a negligence claim is the causation. You must prove via medical records and testimony from an expert that the healthcare professional responsible for the breach of duty caused your child's injuries. For instance, a physician may not have observed your child's vital signs during labor and delivery. This could have led to prolonged oxygen deprivation which then led to brain damage.

The final element of a successful negligence claim is proving damages. You must prove that you or your child suffered genuine and quantifiable loss as a result of the healthcare professional's failure in their duty of care. This includes past and future medical expenses, lost wages, as well as other damages like discomfort and pain.

Causation

Medical professionals are bound to their patients to offer care that is consistent with the standards of their area of expertise. If a medical professional or nurse fails to meet the standard of care, it may cause an injury to the patient, and lead to a claim for damages. To be successful in a case that involves birth injuries, an attorney will need to prove that the breach in duty caused your child's injury. This can be proven with evidence, such as medical records or expert testimony.

It is also crucial 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 asked to review the case to determine whether the doctor or hospital behaved in a way 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 costs. It is important to hold the at-fault doctors and hospitals accountable for their negligence and obtain compensation to provide for your child's future needs.

A lawyer experienced in handling medical malpractice cases can handle the entire legal process for you, from responding to insurer requests and bringing a lawsuit against the responsible parties. They can also build an argument based on evidence, secure expert testimony, locate documents and medical records and negotiate fair settlements to pay for the family's life-long care costs and expenses.

Damages

A birth injury lawsuit requires the expertise of medical experts who examine medical records, evidence from you and your family and other evidence. They will determine if the doctor who is involved in your case has violated their duty of care and caused injuries 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 as well as lost wages, loss in quality of life, emotional distress, and many other losses.

It can be a devastating experience for your family members when nurses, doctors and other medical personnel make inexcusable mistakes prior to or even after the birth of your child. It can be also difficult to pursue legal action against the hospital and doctors who might have committed negligence or malpractice. They often have their own legal teams who are on call 24/7 to protect their clients and deny claims, or reduce settlement amounts.

Medical professionals can be held responsible for their actions by hiring a New York birth injuries lawyer. The lawyer will negotiate with the insurance companies and file a claim in court, and create a strong evidence-based case to establish the responsibility. They will also fight for you to obtain an equitable jury verdict or settlement for your losses and costs over the course of your entire life. They can also start a lawsuit before the deadline for any applicable statute of limitations, as the clock begins to tick from the time the medical malpractice or negligence occurred.

Statute of limitations

A successful claim for compensation in a birth injury lawsuit involves four elements. Your lawyer can explain each one and formulate a convincing legal argument in support of your claim.

Medical negligence claims require that you prove that the defendant had an obligation to care for your child, that the defendant violated that duty, and that this breach led to the injuries to your child. For a claim to succeed it is also necessary that you establish causation, which means that your child's injuries wouldn't have occurred but for the defendant's actions (or the failure to act).

The defendants can challenge any of these elements. They could argue that you don't have a doctor-patient relationship or that the standard of care you provide is different from what you declare it to be. Additionally, they could contest your evidence and expert witnesses opinion.

You'll need to submit medical records, other documents and an explanation of what was wrong with the birth of your child. You will also need to make an application for a demand form that contains the names of all individuals you think should be named as defendants. An experienced lawyer can assist to identify the proper defendants and make sure there's sufficient insurance coverage. Lawyers can assist in advancing costs related to litigation, including the fees of highly experienced medical experts. This can help to reduce some of the financial burden associated with pursuing a claim for birth injury.