New York Birth Injury Lawsuits

The process of childbirth can be dangerous moment for both mother and baby. Modern medicine has made childbirth safer, but doctors and nurses must still maintain their professional standards.

A lawyer who is experienced in the area of birth injury law will scrutinize medical records, talk to experts and fight for the compensation you need to make a convincing case. A successful claim can cover the costs of your past and future.

Duty of Care

Birth of a child can be one of the most joyous events that a family will ever have to endure. But, it can be stressful if medical errors in labor, birth and delivery cause injuries to the infant. In New York, healthcare providers are required by law to provide patients with the best standard of care. If doctors or other healthcare providers fail to adhere to this standard, it could be possible for the victim to bring a lawsuit in order to recover damages.

To prevail in a lawsuit, it is important to establish that the defendant had a duty of care. This can be accomplished by proving a relationship between a doctor and patient and setting up a standard for care that is appropriate for a health provider in the specific circumstances. This is usually done by medical documents and expert witness testimony.

If a healthcare professional breaches the duty of care, the victim has to prove that the breach directly caused the injury. In other words, the injury could not have happened if it wasn't for the breach. Additionally, the plaintiff must prove that she suffered damages. These damages include physical and emotional harm, medical expenses incurred by the injury, lost income when the injury prevented the victim from working, and much more.

Most often, a birth-related injury case will involve medical experts who can provide an estimate of the lifetime cost of medical care that victims' injuries could require. These costs can be exorbitant and are a crucial part of a successful claim.

Breach of Duty

Whether a healthcare provider owed you a duty of care depends on the specific circumstances. It also depends on medical professional norms and standards established by the medical profession in similar circumstances. This is why the involvement of experts in medicine could be required to establish the proper standard for the circumstances of your case.

You must prove to win your case that the defendant did not to act in accordance medically accepted practices. A competent lawyer will know how to gather evidence and present it in court. Your lawyer will also be well-versed in the defenses that defendants and their insurers typically present in these cases and will be able to respond.

You must also establish that the breach of duty caused your child to sustain birth injuries. This is a difficult part of the case because it requires you to argue that your child would not have suffered from their injuries if it weren't for the negligence of the defendant. It is essential to have an experienced New York birth injuries lawyer on your side. A lawyer will know the evidence to look for and how to prove that your child's injury was preventable. They will also know how to prove the full extent of your child's injuries to ensure that you receive all damages to which you are entitled.

Causation

Birth injuries can be devastating to parents and children alike. In addition to the emotional trauma and financial burden, there are costs for treatment and care. These could include hospitalization, surgeries, physical therapy, medication and home health aids. In some instances they may extend into adulthood.

You must establish that the medical professional breached their duty of care. It is essential to prove that the relationship between a doctor and patient exists and that the medical professional was unable to provide the standard of care and competence expected in similar circumstances. The plaintiff must also demonstrate that the breach was the cause of the injury.

Proving negligence in a medical malpractice case is complex and varies according to the state. It is important to have an attorney who is experienced in your specific legal jurisdiction.

The first step is to schedule a free consultation with an attorney. During this meeting the attorney will review whether or not your claim has merit and will review possible legal options. They will also go over the options available to you in seeking damages relating to your child's injuries. The legal process typically begins with your attorney submitting the Summons and Complaint against the defendant. Then they'll start a discovery process, in which both sides will discuss evidence and information.

Damages

Many birth injury cases involve complex damages calculations. For instance, serious injuries could result in lifelong care needs that exceed millions of dollars. This could include 24-hour in-home nursing as well as physical and medical occupational therapy, or other special treatments. The monetary value of these requirements is hard to determine without consulting with experts in each area.

To win the claim the plaintiff must establish that the defendant failed to fulfill their duty of care. This requires establishing the right standard of care, which is usually defined by the medical professional's own customs and practices in similar situations. An experienced attorney will consult with medical experts who can review the evidence and testify that the doctor or the hospital failed to meet the standards.

If the expert agrees with a breach of duty, the next step is to establish causation. The breach of duty must be linked with the harm that occurred to the infant or mother. To do this the attorney will mail a demand package with records and documentation to the malpractice insurance of the hospital or doctor. This package will include the documentation and documents that show how the negligence occurred.

Doctors, hospitals and medical insurance providers have legal teams who work full-time to protect their interests and to deny or reduce claims. A skilled birth injury attorney can guide you through the legal process and create a case to maximize your settlement.