New York Birth Injury Lawsuits

Both mother and child can be at risk during childbirth. The advancements in medicine have made childbirth more secure, but nurses and doctors must maintain professional standards.

A lawyer with experience in the field of birth injuries will review medical records, talk to experts and fight for the compensation you require to establish a solid case. A successful claim can cover the costs of future and past ones.

Duty of Care

The birth of a child can be one of the most enjoyable experiences a family will ever have to endure. However, it can turn traumatic when medical mistakes during labor and birth cause injuries to the infant. In New York, healthcare professionals have a legal obligation to provide their patients with the highest level of care. When healthcare professionals fail to meet the standards, it could be possible to start a lawsuit for birth injuries to recover damages for a victim's injuries.

To win a claim, it is important to demonstrate that the defendant had a duty of care. This is done by documenting that a relationship between a physician and patient existed, in addition to establishing the appropriate standard of care for a health care provider under the circumstances. This is typically done through medical records and expert witness testimony.

If a healthcare professional fails to fulfill the duty of care, then the victim has to prove that the breach directly caused the injury. In other words, the injury could not have occurred without the breach. The plaintiff must also demonstrate that they sustained damages. These include emotional and physical injuries as well as medical expenses incurred due to the injury, income loss when the injury prevented the victim from working, and many more.

Often, a birth injury case will involve medical experts who can provide an estimate of the costs of care a victim's injuries may require. These costs can be astronomical and are a vital element of the success of a claim.

Breach of Duty

If a healthcare provider is obligated to you a duty of care depends on the specific circumstances. It also depends on the medical professional customs and practices that are set by the medical community in similar circumstances. This is why the involvement of medical experts might be necessary to establish the appropriate standard under the circumstances of your situation.

You must prove to win your case that the defendant failed to comply with medically accepted practices. A lawyer who is experienced will know the best method to gather and present evidence in court. Your attorney will also be well-versed in the defenses that defendants and their insurers often raise in these cases and will be able to defend against them.

You must be able to demonstrate that the breach of duty caused your child to suffer birth injuries. This is the most difficult part of the case to prove since it is a matter of proving that your child wouldn't have suffered injuries if not due to the negligence of the defendant. It is crucial to have a seasoned New York birth injuries lawyer on your side. A lawyer will know the evidence to look for and how to show that your child's injuries were preventable. They also know how to show the full extent of your child's injuries so that you can claim all the damages that you are entitled to.

Causation

birth injury lawyer injuries take an emotional toll on both the child and their parents. The cost of treatment and care is not just emotional, but also financial. These may include hospitalization, surgery, medication, physical therapy and home health aids. These costs can sometimes extend into adulthood.

It is essential to establish that the medical professional in question owed you a duty of care and that they breached this obligation. This is proving that the doctor-patient relationship existed, and that they did not provide the level of skill and care expected in their field under similar circumstances. The plaintiff must also prove that the breach was the cause of the injury.

The method of proving negligence in medical malpractice lawsuits is a complex one and differs from state to state. It is important to have an attorney with experience in the specific jurisdiction you are in.

The first step is to schedule a free consultation with an attorney. In the meeting an attorney will determine the validity of your claim and discuss possible legal strategies. They can also discuss the options available to you for pursuing damages for your child's injuries. Your lawyer will typically start the legal process by submitting a Summons and Complaint. Then, they'll begin the discovery process, during which both sides will discuss evidence and other information.

Damages

A majority of birth injuries cases involve complicated damages calculation. For instance, severe injuries could result in lifelong requirements for care that are in excess of millions of dollars. This could mean 24/7 home nursing physical and medical occupational therapy, or other specialized treatments. The cost of these needs is difficult to assess without consulting experts in each field.

To prevail the plaintiff must establish that the defendant failed to fulfill their duty of caring. This means establishing the appropriate standard of care, which is usually established by the medical profession's own customs and practices in similar circumstances. An experienced attorney will speak with medical experts who can examine the evidence and testify that the doctor or the hospital failed to meet the standards.

After the expert has supported the breach of duty, the next step is establishing causality. The breach of duty must be connected to the harm caused to the mother or infant. To do this, the attorney will send a demand packet to the hospital's malpractice carrier that includes records and evidence of how the negligence occurred and how it contributed to the injuries.

Doctors, hospitals and medical insurance providers have teams of lawyers working 24/7 to protect their rights and deny or reduce claims. A skilled lawyer for birth injuries can assist you through this process and help you build a strong case to maximize the amount of compensation you're entitled to receive.