This Is The Birth Injury Compensation Case Study You'll Never Forget

New York Birth Injury Lawsuits

Childbirth can be a dangerous moment for both mother as well as baby. While advances in medicine have made the process much safer but the doctors and nurses involved must remain true to professional standards.

A lawyer skilled in birth injury law will review medical records, consult with experts and fight for the compensation you need to prove your case. A successful claim could pay for your past and future expenses.

Duty of Care

The birth of a child can be one of the most joyous experiences a family will ever witness. It can be traumatic if medical errors during pregnancy, birth and labor cause injuries to infants. In New York, healthcare professionals are legally bound to provide their patients with the best level of care. If doctors and other healthcare providers fail to meet this standard it may be possible for the victim to bring a lawsuit in order to seek damages.

To be successful in a lawsuit it is essential to demonstrate that the defendant owed the plaintiff a duty of care. This is accomplished by documenting that a relationship between a physician and patient existed, as well as establishing the proper standard of care for a health care provider under the circumstances. This is typically done with medical records and expert testimony.

If a healthcare provider violated the duty of care, the injured party must show that their injury was directly triggered by this breach. In other words, the injury would not have happened if it wasn't for the breach. The victim must also prove that they have suffered damages. These include physical and emotional harm as well as medical expenses incurred due to the injury, lost income if the injury prevented the person from working and many more.

Most often, a birth-related injury case will involve medical experts who can give an estimate of the lifelong cost of medical care that an injured victim will require. These costs can be staggering and are a vital element of an effective claim.

Breach of Duty

Whether a healthcare provider owed you a duty of care or not depends on the specific circumstances. It also depends on the medical professional norms and standards that are set by the medical community in similar circumstances. It could be necessary to consult with medical experts in order to determine what standard is appropriate for your particular situation.

To be successful in your case, you must establish that the defendant acted in breach of the law by failing to follow medically-accepted procedures. A skilled lawyer will know how to best gather and present this evidence in court. Your attorney will also be familiar with the defenses that defendants and their insurers often argue in these instances and will know how to defend against them.

You must also show that the breach of this duty led to the birth injury to your child. This is a difficult aspect of the case to prove since it requires proving that your child would not be suffering from injuries if it weren't for the negligence of the defendant. It is important to have a seasoned New York birth injuries lawyer with you. An experienced lawyer will know what evidence to look for and how you can prove that your child's injuries were avoidable. They will also be able prove the full extent of the damages your child's suffered to ensure that you receive the full amount of compensation you are entitled to.

Causation

Birth injuries can be devastating to parents and children alike. The cost of medical and treatment is not just emotional, but also financial. These could include hospitalization, surgery, physical therapy, medications and home health aids. In some instances these expenses may extend into adulthood.

You must prove that the medical professional breached their duty of care. This requires proving that the doctor-patient relationship existed and they failed to offer the level of skill and care expected of them in similar circumstances. The plaintiff also needs to prove that the breach was directly responsible for the harm they suffered.

The process of proving the medical malpractice case is a complex matter and differs in each state. It is crucial to select an attorney with knowledge of the legal system in which you reside.

The first step is to arrange a free consultation. During this consultation an attorney will determine whether or not your claim has merit and discuss potential legal options. They can also discuss the options available to you for pursuing damages for the injuries your child sustained. Your attorney will usually start the legal process by filing a Summons and Complaint. Then, they'll begin an investigation period, during which both sides will share information and evidence.

Damages

In many instances, complex calculations are required to calculate damages. For instance, serious injuries can cause health care requirements that go beyond millions of dollars. This can include 24-hour in-home medical and nursing care, physical and occupational therapy or other specialized treatments. The value in terms of money for these requirements is hard to determine without consulting with experts in each area.

To prevail the plaintiff must demonstrate that the defendant has violated their duty of caring. This means establishing a proper standard of care. The standard is usually established by the medical profession's individual practices and procedures in similar circumstances. An experienced attorney will consult with medical experts who can examine the evidence and testify that the doctor or hospital did not meet the standards.

Once the expert supports the breach of duty, the next step is to establish the causation. The breach of duty has to be linked with the harm that occurred to the infant or mother. To do this, the attorney needs to submit a demand package to the hospital's doctor or malpractice insurance company that contains records and documentation showing how the negligence occurred and what caused the injuries.

Lawyers work full-time for hospitals, doctors and medical insurance companies to defend their interests. They also make it difficult for them to deny or reduce claims. A skilled birth injury lawyer can assist you through this process and help you build solid arguments to maximize the compensation you're entitled to receive.