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New York Birth Injury Lawsuits Childbirth can be a dangerous time for both mother and baby Medical advances have made childbirth safer but doctors and nurses must still adhere to professional standards A lawyer that is familiar with the law of birth injury will examine medical records talk to experts and fight to win you the money you require to build your case A successful claim could cover the costs of future and past ones Duty of Care The birth of a child can be one of the most enjoyable experiences a family will ever witness It can be traumatic when medical mistakes made during pregnancy delivery and labor result in injuries to infants In New York healthcare professionals are legally bound to treat their patients with the highest quality of care If doctors and other healthcare providers fail to adhere to this standard it may be possible for the victim to file a lawsuit to recover damages To be successful in a lawsuit it is important to show that the defendant had a duty of care This can be demonstrated by showing that a doctorpatient relationship existed in addition to establishing the appropriate standard of medical care for a provider in the particular circumstances This is typically done by medical documents and expert testimony If a healthcare provider violates the duty of care then the victim has to prove that the breach directly caused the injury In other words the injury could not have occurred if it werent for the breach The victim must also show that they sustained damages These damages could include emotional and physical harm as well as medical expenses incurred due to the injury income loss if the injury prevented the victim from working and much more Medical experts are usually involved in the process of a birth injury claim They can determine the cost of care that a victim could require over their life These expenses can be huge and are a crucial element of the success of a claim Breach of Duty If a healthcare provider is obligated to you a duty of care or not depends on the circumstances It also depends upon the customs and practices under similar circumstances It could be necessary to involve medical experts in order to establish the standard that is appropriate for your situation You must prove to win your case that the defendant failed to comply with medically accepted practices An experienced lawyer will know the best method to gather and present evidence in the courtroom Your lawyer will also be familiar with the defenses that defendants and their insurers frequently raise in these cases and will be able to defend against them You must also show that the breach of duty caused your child to suffer birth injuries This is a hard part of the case since you must show that your child would not be suffering if the defendant hadnt been negligent birth injury attorneys quincy is why its vital to have an experienced New York birth injury lawyer on your side A lawyer will know what evidence to look for and how you can prove that your childs injury was preventable They also know how to demonstrate the complete extent of your childs losses so that you are able to recover all damages that you are entitled to Causation Birth injuries can be devastating to both the child and parents The financial burden of treatment and care is not just emotional but also financial These expenses could include hospitalization surgery medication as well as home health aids and physical therapy In some instances the costs could extend into adulthood You must establish that the medical professional violated their duty of care It is imperative to prove that the relationship between a doctor and patient exists and that the medical professional failed to provide the standard of care and expertise that would be expected in similar circumstances The plaintiff must also demonstrate that the breach was directly responsible for the harm they suffered The process of proving negligence in a medical malfeasance case is a complex matter and differs according to the state It is crucial to find an attorney with experience within your specific legal jurisdiction The first step is to schedule an appointment for a free consultation During the meeting an attorney will determine the validity of your claim and will discuss possible legal strategies They will also go over the options available to you in seeking damages for your childs injuries The legal process usually begins with your attorney submitting the Summons and Complaint against the defendant Then theyll commence the discovery process during which both sides will discuss evidence and details Damages Many birth injury cases require complicated damages calculations For instance severe injuries can result in lifetime requirements for care that are in excess of millions of dollars This could include 24 hour inhome nursing care medical occupational and physical therapy or other treatments that are specialized The cost of these requirements is hard to estimate without consulting experts in each field In order to win the case the plaintiff must show that the defendant did not fulfill their duty of care This requires establishing the right standard of care which is generally defined by the medical professions own standards and practices in similar situations To make this argument an experienced attorney will seek the opinion of medical experts who will review the evidence in the case and provide evidence regarding the reasons why the hospital or doctor did not meet this standard After the expert has supported a breach of duty the next step is establishing causality The breach of duty has to be connected to the harm caused to the mother or infant To do this the attorney will send a request package that includes documentation and records to the malpractice insurance of the hospital or doctor The package will contain the documentation and documents that detail how the negligence occurred Teams of lawyers work full time for hospitals doctors and medical insurance companies to safeguard their interests They also deny or reduce claims A skilled attorney for birth injuries can help you navigate the legal system and construct cases that maximize your payout