New York Birth Injury Lawsuits

Both the mother and child can be at risk during the birth of a child. While advances in medicine have made the process safer, the doctors and nurses involved must still uphold the highest standards of professional practice.

A lawyer who is knowledgeable with the law regarding birth injuries will look over medical records, talk to experts and fight to get you the compensation that you need to build your case. A successful claim could pay for the costs of your past and future.

Duty of Care

The birth of a child could be one of the most enjoyable events that a family will ever have to endure. It can also be traumatic when medical mistakes during pregnancy, delivery, or labor cause injuries to an infant. In New York, healthcare providers are required by law to treat patients with the best standard of care. If doctors or other healthcare providers fail to adhere to this standard, it is possible for the victim to file a lawsuit to recover damages.

To prevail in a lawsuit, it is important to show that the defendant owed the plaintiff a duty of care. This is accomplished by proving that a doctor-patient relationship existed, and also establishing the proper standard of medical care for a provider under the circumstances. This is typically done through medical records and expert witness testimony.

If a healthcare professional violated the duty of care, the person who was injured must prove that the injury was directly triggered by the breach. In other words, the injury would not have happened if it wasn't for the breach. In addition, the victim must show that he or was a victim of damages. The victim must prove that they suffered damages.

In most cases, a birth trauma case will involve medical experts who can give an estimate of the lifelong cost of care that the injuries of a victim may require. These costs can be astronomical, and they are an essential element of an effective claim.

Breach of Duty

The circumstances will determine if a healthcare provider has an obligation to provide medical care. It also depends on medical professional standards and practices that are outlined by the medical community in similar circumstances. It may be necessary to consult with medical experts in order to determine what standard is appropriate for your situation.

You must prove to win your case that the defendant failed to comply with the medically accepted guidelines. A competent lawyer will know how to best gather and present this evidence in the courtroom. Your attorney will also be familiar with the defenses that the defendants and their insurance companies often make in these cases and will be able to defend against them.

It is also necessary to prove that the violation of this duty led to the birth injury to your child. This is a difficult part of the case to prove as it involves arguing that your child would not have suffered from their injuries had it not been because of the negligence or carelessness of the defendant. This is why it's crucial to have an knowledgeable New York birth injury lawyer to your side. A lawyer will know what evidence to look for and how to prove that your child's injuries were prevented. They also know how to prove the full amount of the damage your child suffered so that you are able to recover all damages to which you are entitled.

Causation

Birth injuries can be devastating for both parents and children. The financial burden of treatment and care is not just emotional but also financial. This could include hospitalization, surgery, physical therapy, medications and home health aids. The costs may extend into adulthood.

You must establish that the medical professional breached their duty of care. This means proving that a doctor-patient relationship existed, and that they failed to offer the level of skill and care expected in their field under similar circumstances. The plaintiff also needs to prove that the breach directly caused the injury they experienced.

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

The first step is to set up a free consultation. In this meeting, an attorney will evaluate whether your claim has merit and will discuss possible legal strategies. They can also discuss your options for pursuing damages for injuries to your child. The legal process usually begins with your attorney filing the Summons and Complaint against the defendant. Then, they engage in a discovery process that involves the exchange of evidence and information between both sides of the lawsuit.

Damages

In many cases, complex calculations are involved in calculating damages. For instance, severe injuries can lead to lifetime medical needs that can exceed millions of dollars. This can include 24-hour in-home nursing care, medical physical and occupational therapy or other specialized treatment. It is difficult to assess the monetary value of such requirements without consulting with experts.

To prevail the plaintiff must demonstrate that the defendant breached their duty of care. This means establishing the appropriate standard of care, which is typically defined by the medical professional's own practices and customs in similar situations. To support this argument, a skilled attorney will seek the advice of medical experts who will review the evidence in the case and provide evidence about how the doctor or hospital did not meet the standards.

Once the expert has established a breach of duty the next step is to establish the causation. This is the process of linking the breach of duty to the harm suffered by the mother or infant. To do this, the attorney must send a demand form to the hospital's doctor or malpractice insurer that includes documentation and evidence that demonstrates how the negligence occurred as well as the way it led to the injuries.

Doctors, hospitals and medical insurance providers have legal teams working full time to protect their interests and reduce or deny claims. A skilled birth injury lawyer can help you navigate the process and develop solid arguments to maximize the amount of compensation you are entitled to.