New York Birth Injury Lawsuits
Birth can be a very risky moment for both mother and baby. Modern medicine has made childbirth safer, but nurses and doctors must keep up with professional standards.
A lawyer with experience in the field of birth injury law will review medical records, consult with experts and fight for the compensation you need to prove your case. A successful claim can cover the cost of your future and past expenses.
Duty of Care
The birth of a baby can be one of the most exciting events that a family will ever be able to experience. However, it could be devastating if medical errors during labor, birth and delivery cause injuries to the infant. In New York, healthcare professionals are legally bound to treat their patients with the highest standard of care. If doctors and other health professionals fail to meet this standard, it may be possible to file a birth injury lawsuit to recover damages for a victim's loss.
To be successful in a lawsuit, it is important to establish that the defendant owed the plaintiff a duty of care. This is done by proving that a doctor-patient relationship existed, in addition to establishing the appropriate standard of medical care for a provider under the circumstances. This is typically done with medical records and expert witness testimony.
If a healthcare professional violated the duty of care, the person who was injured must prove that his or her injury was directly triggered by this breach. The incident would not have occurred if the breach had not occurred. Additionally, the plaintiff must prove that she suffered damages. These damages can include physical and emotional harm, medical expenses incurred by the injury, income loss if the injury prevented the victim from working and many more.
Often, a birth injury situation will involve medical experts who can give an estimate of the cost of treatment the injuries of a victim may require. These costs can be exorbitant and are a crucial part of the success of a claim.
Breach of Duty
The circumstances will determine if an healthcare provider is bound by an obligation to provide medical care. It also depends on the customs and practices under similar circumstances. This is why the involvement of experts in medicine might be necessary to establish the appropriate standard in the circumstances of your case.
It is essential to prove in your case that the defendant did not to comply with medically-accepted practices. An experienced lawyer will know the best method to gather evidence and present it in the courtroom. Your lawyer will also be familiar with the defenses raised by the defendants or their insurance companies in these instances.
You must also prove that the breach of duty caused your child to suffer
birth injuries. This is the toughest part of the case since you must show that your child would not have suffered if the defendant hadn't been negligent. This is why it is essential to have an expert New York birth injury lawyer to your side. A lawyer can gather evidence and prove the injury to your child was preventable. They also know how to prove the full extent of the damages your child's suffered to ensure that you get all the compensation you are entitled to.
Causation
A birth injury takes its toll on both the child and their parents. In addition to the emotional trauma, there are financial expenses for treatment and medical care. These could include surgery, hospitalization, medication, physical therapy and home health aides. These costs can be incurred to adulthood.
It is essential to establish that the medical professional in question owed you an obligation of care and that they violated this duty. It is imperative to prove that a doctor-patient relationship exists and that the medical professional was unable to provide the standard of care and competence that is expected in similar circumstances. The plaintiff must also demonstrate that the breach was the cause of the injury.
The process of proving negligence medical malpractice lawsuits is a complex one and differs from state to state. It is important to employ an attorney who has experience in the legal jurisdiction where you reside.
The first step is to set up a free consultation. During the consultation an attorney will decide whether your claim is legitimate and also discuss possible legal options. They will also discuss the options available to you for pursuing damages for your child's injuries. The legal process usually begins with your attorney submitting a Summons and Complaint against the defendant. Then, they'll commence an investigation period, during which both sides will share information and evidence.
Damages
In many cases, complicated calculations are required to calculate damages. For instance, severe injuries can lead to lifetime health care requirements that go beyond millions of dollars. This may include 24-hour in-home nursing care, medical occupational and physical therapy or other treatment that is specialized. The cost of these needs is difficult to assess without consulting experts in each field.
In order to win a case the plaintiff has to prove that the defendant violated their obligation of care. This requires establishing an appropriate standard of care. The standard is typically defined by the medical professions' own customs and practice in similar circumstances. 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 the ways in which the hospital or doctor failed to meet this standard.
Once the expert supports the breach of duty, the next step is to establish causation. This is the process of linking 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. This package will include the documents and records that show how the negligence occurred.
Hospitals, doctors and medical insurance providers have legal teams working 24/7 to protect their interests and reduce or deny claims. A skilled
birth injury attorney can guide you through the process and build cases that maximize your payout.
