Birth Injury Lawsuits Explained

Families expect that their doctors and other medical professionals will maintain a high level of care. If they don't, birth injuries can be catastrophic to families.

If you suspect your child has suffered a preventable Tustin Birth Injury Lawyer injury as a result of medical malpractice, contact a birth injury lawyer for assistance. The most reputable lawyers will evaluate your case at no cost and charge no upfront costs. A successful claim requires proving the four elements of your case.

Duty of Care

Birth of a baby is one of the most joyful and significant events in a person's lifetime. Unfortunately, the procedure can be very stressful for some parents if medical mistakes cause serious injuries to the baby during labor and birth. These errors can be irreparable and cause a family confront a long list of challenges.

Doctors and medical professionals have a legal obligation to treat their patients with the same respect and skill that is expected from health professionals of similar professions under similar circumstances. This is known as the duty of care. To prevail in a lawsuit against a healthcare provider who is at fault you must prove that the medical professional violated this obligation. This usually means proving how the medical professional's actions, or the lack of them, differed from what a competent and appropriately trained medical professional would have done in the same circumstances.

The second element of a negligence claim is the causation. You must establish, through medical documents and expert testimony that the at-fault provider's negligence led to the injury of your child. For instance, a doctor might have not been able to keep track of your child's vital indicators during labor and birth. This could have led to brain damage due to the prolonged oxygen deprivation.

Damages are the last element in a successful negligence case. You must prove that you and your child have suffered significant financial losses, which are quantifiable, resulting from the at-fault healthcare professional's failure to meet their duty of care. This typically includes future and past medical expenses, lost wages and other non-economic losses such as pain and suffering.

Causation

Medical professionals are bound to their patients to provide treatment that is consistent with the standards of their area of expertise. If a medical professional or nurse fails to meet this standard of care, it may cause injury to the patient, and lead to an action for damages. In order to win a birth injury lawsuit, an attorney must prove that the breach of duty directly led to the injuries suffered by your child. This can be proven through evidence such as medical documents or expert testimony.

It is also necessary to prove that your child wouldn't have suffered the injury even if the medical professional performed the required standard of medical care. Medical experts are asked to examine the situation to determine whether the doctor or the hospital behaved in a way that was not consistent with the accepted medical practice.

Birth injuries can have a profound impact on your life and require medical attention for the rest of their lives. It is crucial to make hospitals and doctors accountable for their negligence, and receive compensation to help pay for the future requirements of your child.

An experienced lawyer who has handled medical malpractice cases can handle the entire legal process for you, which includes responding to insurer requests and filing a lawsuit against the responsible parties. They can also construct an argument based on evidence, secure expert testimony, obtain medical records and documents and negotiate fair settlements to cover family's lifetime care costs and losses.

Damages

A birth injury lawsuit requires the expertise of medical experts who look over medical records, witness statements from you and your family and other evidence. They will help you prove that the doctor or hospital involved in your case breached their duty of care and harmed your child. They will then calculate the amount of damage you've suffered due to these injuries. Included are your future and current medical expenses and lost wages, as well as loss of quality of life, emotional distress and other losses.

It can be devastating for your family when nurses, doctors and other medical staff make errors that could have been avoided prior to or after the birth of your child. It can be also difficult to pursue legal action against hospitals and doctors who could have committed malpractice or negligence. They usually have their own legal teams who are full-time employed to protect their clients and deny claims, or reduce settlement amounts.

If you hire an New York downingtown birth injury law firm injury lawyer, you can hold medical professionals responsible for your injuries. The lawyer will handle all communications with insurers, present your claim in court, and construct an evidence-based case to establish responsibility. They will also try to secure you an equitable settlement or jury verdict for your losses and life-long healthcare costs. They may also start a lawsuit before the deadline for any applicable statute of limitation in the event that the clock begins to run from the date the medical malpractice or negligence occurred.

Statute of limitations

Four components are essential for a successful claim to be compensated when a birth injury occurs. Your lawyer can explain each of them and formulate a convincing legal argument to support your claim.

Medical negligence claims depend on being able to prove that the defendant owed you the 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 crucial to prove causation which means that your child's injuries wouldn't have occurred but for the defendant's actions (or failure to act).

The defendants may contest any of these elements. They can argue that there is no doctor-patient relationship or that the normal care isn't what you claim it to be. They can also challenge your evidence or the opinions of your expert witnesses.

To prove a breach of duty, you'll need submit medical records and other documentation, and provide a statement that explains the circumstances that led to the birth of your child. You'll also have to make an application for a demand form which contains the names of the individuals you think should be named as defendants. A knowledgeable lawyer can help you establish the appropriate defendants and ensure there's adequate insurance coverage. A lawyer can help advance litigation-related costs, such as the fees of highly qualified medical experts. This can ease some of the financial stress that comes with pursuing an injury claim arising from birth.