New York Birth Injury Lawsuits

Both mother and child can be at risk during childbirth. Modern medicine has made childbirth more secure, but doctors and nurses must still maintain professional standards.

A lawyer experienced in the field of birth injury law will review medical records, talk to experts and fight for the compensation you need to establish a solid case. A successful claim could pay for the cost of your future and past expenses.

Duty of Care

The birth of a baby can be one of the most exciting events that a family will ever have to endure. However, that event could be devastating if medical errors during labor and birth cause injuries to the infant. In New York, healthcare professionals are legally bound to treat their patients with the highest quality of care. When healthcare professionals fail to adhere to this standard, it may be possible to bring a birth injury lawsuit to seek compensation for victim's injuries.

It is crucial to prove that the defendant owed the obligation of good-care to the plaintiff to win the claim. This can be done by proving a doctor-patient relation and setting up a standard for care appropriate for a health provider in the specific circumstances. This is typically done with medical records and expert witness testimony.

If a healthcare professional violated the duty of care, the patient must prove that his or her injury was directly triggered by this breach. The injury would not have happened in the event that the breach had not occurred. The victim must also show that they suffered damages. These damages include emotional and physical harm and medical expenses caused by the injury, lost income when the injury prevented the person from working, and much more.

Often, a birth injury claim will involve medical experts who will provide an estimate of the lifelong costs of care a victim's injuries may require. The costs can be enormous and are an important part of the success of a claim.

Breach of Duty

The circumstances will determine if healthcare providers have a duty to care. It also depends on the medical community's norms and practices under similar circumstances. It is possible to involve experts in the field to determine the standard that is appropriate for your case.

To be successful in your case, you must prove that the defendant breached this obligation when he failed to follow medically-accepted methods. A competent lawyer will know how to gather and present this evidence in court. Your lawyer will also be familiar with the defenses raised by the defendants or their insurance companies in these instances.

You must also prove that the violation of this duty resulted in the birth injury of your child. This is a difficult aspect of the case to prove as it requires proving that your child would not be suffering from their injuries had it not been for the negligence of the defendant. It is imperative to have a seasoned New York birth injuries lawyer with you. A lawyer will know what evidence to look for and how to prove that your child's injury was preventable. They will also be able to demonstrate the full extent of losses your child has suffered so that you can receive the full amount of compensation you are entitled to.

Causation

Birth injuries take its toll on both the child and their parents. In addition to the emotional trauma and financial burden, there are costs associated with treatment and care. These may include hospitalization, surgery physical therapy, medications and home health aids. These costs can sometimes extend into adulthood.

You must establish that the medical professional violated their duty of care. This means proving that a doctor-patient relationship existed and they failed to offer the level of skill and care expected of them in similar circumstances. The plaintiff must also demonstrate that the breach directly contributed to the harm they suffered.

Proving the negligence of a medical malpractice case can be a difficult task and is different in each state. It is crucial to work with an attorney with experience within your specific legal jurisdiction.

The first step is to set up an appointment for a no-cost consultation. During this meeting, an attorney will evaluate whether or not your claim has merit and discuss potential legal options. They will also go over your options for pursuing damages for the injuries your child sustained. The legal process usually begins with your attorney filing the Summons and Complaint against the defendant. After that, they'll be involved in a period of discovery that involves the exchange of evidence and information between the parties to the lawsuit.

Damages

In many instances, complex calculations are used to calculate damages. Severe injuries can lead to costs for life-long care that are in the millions. This could include 24-hour in-home nursing as well as physical and medical occupational therapy, or other special treatments. It is difficult to determine the cost of such requirements without consulting with experts.

To win a claim the plaintiff must demonstrate that the defendant violated their obligation of care. This involves establishing the proper standard of care, which is generally defined by the medical profession's specific practices and standards in similar situations. An experienced attorney will speak with medical experts who can examine the evidence and testify on how the doctor or the hospital failed to adhere to the standard.

If the expert has substantiated an act of breach of duty, the next step is establishing causality. The breach of duty must be linked to the harm done to the mother or infant. To do this, the attorney must send a demand form to the hospital's or doctor's malpractice insurance company that contains records and evidence that demonstrates the manner in which the negligence occurred and the way it led to the injuries.

Hospitals, doctors and medical insurance providers have teams of lawyers working 24/7 to protect their rights and deny or reduce claims. A skilled birth injury attorney injury lawyer can assist you through this process and create an effective case to maximize the amount of compensation you're entitled to.