Tammi Toll asked 2 months ago
New York Birth Injury Lawsuits
Both the mother and the child could be at risk during childbirth. While advances in medicine have made the process much safer but the doctors and nurses involved must adhere to the highest standards of professional practice.
A lawyer experienced in the field of birth injury law will review medical records, talk to experts and fight to secure the compensation you deserve to prove your case. A successful claim may cover the costs of your past and future.
Duty of Care
The birth of a child can be one of the most joyful events that a family will ever witness. This event can become traumatic in the event that medical errors during pregnancy, delivery, or labor cause injuries to the infant. In New York, healthcare professionals have a legal obligation to treat their patients with the highest standard of care. If doctors and other healthcare providers fail to meet this standard, it could be possible for victims to file a lawsuit to recover damages.
To prevail in a lawsuit it is essential to demonstrate that the defendant was liable to the plaintiff under a duty of care. This is done by proving that a doctor-patient relationship was established, as well as establishing the proper standard of medical care for a provider in the particular circumstances. This is usually done by medical records and expert witness testimony.
If a healthcare professional violates the duty of care, then the victim has to prove that the breach directly caused the injury. The injury would not have occurred if the breach had not occurred. Finally, the victim must prove that he/ was a victim of damages. These damages include emotional and physical injuries the victim has suffered, medical expenses that result from the injury, income loss when the injury prevented the person from working, and much more.
In most cases, a birth trauma situation will involve medical experts who will give an estimate of the cost of care that the injuries of a victim may require. These expenses can be enormous and are an essential element of the success of a claim.
Breach of Duty
The circumstances will determine if an healthcare provider is bound by the obligation to provide care. It is also dependent on medical professional customs and practices that are set by the medical community in similar circumstances. It might be necessary to consult with medical experts to determine what standard is appropriate for your case.
You must prove to win your case that the defendant did not to act in accordance the medically accepted guidelines. A skilled lawyer will know how to best gather evidence and present it in court. Your lawyer will also be aware of the defenses that the defendants and their insurance companies often argue in these instances and will be able to counter them.
You must also prove that the breach of this duty caused your child’s birth injury. This is a difficult part of the case because it requires you to argue that your child wouldn’t have suffered from their injuries if it weren’t because of the negligence or carelessness of the defendant. It is imperative to have a seasoned New York birth injuries lawyer with you. A lawyer knows what evidence to look for and how to prove that your child’s injury was avoidable. They also know how to demonstrate the full extent of your child’s losses so that you can recover all the damages to which you are entitled.
Causation
Birth injuries can 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 could include surgery, hospitalization, physical therapy, medication and home health aides. These expenses can extend to adulthood.
It is imperative to prove that the medical professional in question owed you the duty of care and that they violated this obligation. This involves establishing that the doctor-patient relationship was in place and that they failed to offer the level of skill and care that is expected in their specialty under similar circumstances. The plaintiff must also prove that the breach directly caused the harm they suffered.
Proving the medical malpractice case is a complex matter and differs in each state. It is crucial to work with an attorney who is experienced in the specific jurisdiction you are in.
The first step is to set up a free consultation with an attorney. During this meeting an attorney will determine whether or not your claim has merit and discuss potential legal options. They will also talk about the options available for seeking damages relating to your child’s injuries. The attorney typically begins the legal process by submitting a Summons and Complaint. Then, they’ll engage in a process of discovery which involves the exchange of evidence and information between both sides of the lawsuit.
Damages
A lot of birth injury cases involve complex damages calculations. For example, severe injuries could result in lifelong requirements for care that are in excess of millions of dollars. This could include 24/7 in-home nursing as well as medical and physical and occupational therapy, or other therapies that require specialized expertise. It is hard to estimate the financial value of such requirements without consulting with experts.
To prevail the plaintiff must demonstrate that the defendant has violated their duty to care. This requires establishing an appropriate standard of care. The standard is typically determined by the medical profession’s own practices and customs in similar situations. An experienced attorney will speak with medical experts who can look over the evidence and provide testimony on the reasons why the doctor or hospital failed to comply with the standard.
When an expert has backed the breach of duty, the next step is to establish the causation. This involves tying the breach of duty to the harm sustained by the infant or mother. In order to do this, the attorney will send a request package with records and documentation to the malpractice insurance company of the hospital or doctor. The package should contain the documents and records that detail how the negligence occurred.
Doctors, hospitals and medical insurance companies have legal teams working full time to protect their rights and to deny or reduce claims. A competent birth injury lawyer can assist you through this process and create strong arguments to maximize the compensation you’re entitled to.