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Birth Injury Lawsuits Explained Families are conditioned to believe that their doctors and other medical professionals maintain a high level of care Birth injuries can be devastating for families when they are not treated appropriately If you suspect your child suffered a preventable birth injury as a result of medical malpractice contact a birth injury lawyer for help A reputable lawyer will review your case free of charge and will not charge upfront fees A successful claim will require proving the four elements of your case Duty of Care The birth of a baby is one of the most exciting and memorable events in a persons life Unfortunately the birth process can become traumatic for parents if medical blunders cause serious injuries to their infant during the birth process and during labor These mistakes could be irreparable and create many challenges for the entire family Medical professionals and doctors are under a legal obligation to treat their patients with the same care and expertise that is expected from health care providers in similar professions in similar circumstances This is called the duty of care If you want to prevail against a healthcare provider who is at fault you must prove that the medical professional breached this duty This typically means proving that the medical professionals actions or the failure to act deviated from what a reasonably trained and competent medical professional would have done under the same circumstances The third element of a negligence claim is causation You must establish through medical records and evidence from an expert that the healthcare provider in questions breach of duty caused your childs injuries For example a doctor might not have been able to observe your childs vital signs during labor and delivery This could have caused brain damage due to prolonged oxygen deprivation The final component of a successful negligence claim is proving damages You must prove that you as well as your child suffered quantifiable financial losses resulting from the healthcare professional at faults failure to meet their duty of care This usually includes past and future medical expenses lost wages and other noneconomic losses such as suffering and pain Causation Medical professionals have a responsibility to patients to provide treatment in line with the highest standards of care in their area of expertise If a nurse or doctor fails to meet the standard of care it can cause injury to the patient and result in an action for damages To win a case of birth injury an attorney must prove that the breach of duty directly caused the injuries suffered by your child This has to be proven by evidence including medical records or expert testimony It is also important to prove that your child would not have suffered the injury even if the medical professional been able to provide the standard of care Medical experts are required to examine the situation and give their opinion regarding whether or not the doctor or hospital performed a procedure that was inconsistent with the accepted medical practice Birth injuries can be lifechanging and require medical treatment for a lifetime It is essential to hold hospitals and doctors accountable for their negligence and receive compensation to help pay for the future requirements of your child A lawyer who has handled medical malpractice cases is able to handle the entire legal process including responding to insurance inquiries and bringing a lawsuit against the parties responsible They can also build a case using evidence get expert testimony access medical records and documents and advocate for fair settlements to cover familys lifelong care costs and expenses Damages A birth injury lawsuit requires the expertise of medical experts who look over medical records witness statements from you and your family and other evidence They will assist you in proving that the doctor or hospital involved in your case violated their duty of care and caused injuries to your child They will also estimate the damages you have suffered because of these injuries Included are your future and current medical costs and lost wages as well as diminished quality of life emotional distress and other losses It can be devastating for your family members when nurses doctors and other medical staff commit errors that could have been avoided prior to during or after the birth your child It isnt always easy to bring legal action against doctors and hospitals who may have committed malpractice or negligence They have teams of lawyers who are fulltime employees to defend their clients deflect claims or limit settlements By hiring a New York birth injury lawyer who can hold the medical professionals at fault accountable The lawyer will negotiate with the insurance companies file a claim in court and build a solid evidencebased case for establishing the liability They will also advocate for you to get a fair jury verdict or settlement for your losses and care costs over your entire life They will also file your lawsuit in time to meet any applicable statute of limitations since the clock starts ticking from the date of the medical negligence or malpractice Statute of limitations A successful claim for compensation in a case of birth injury requires four components Your lawyer can explain each one and develop a solid legal argument to support your claim birth injury attorney evansville claims rely on being able to prove that the defendant owed you the obligation of care and that the defendant violated this obligation and that the breach directly led to your childs injuries In order for a claim to be successful it is also necessary to prove causation which means that your childs injuries would not have occurred if it werent for the defendants actions or failure to act Defense attorneys can challenge any of these elements They may claim that there isnt a doctorpatient connection or that the normal care isnt what you claim it is They may also challenge your proof or the opinions of your expert witnesses Youll have to provide medical records as well as other evidence in addition to an explanation of what went wrong during the birth of your child Youll also have to submit an application package that includes an outline of the parties you believe should be named as defendants A knowledgeable lawyer can help you establish the appropriate defendants and ensure that there is adequate insurance coverage A lawyer can also assist in advancing the costs associated with litigation like the cost of highly qualified medical experts This helps to alleviate some of the financial burden that comes with litigating a birth injury claim