nurseend92
User Name: You need to be a registered (and logged in) user to view username.
Total Articles : 0
Birth Injury Lawsuits Explained The birth of a child is a potentially dangerous and stressful time but families expect their doctors and other medical professionals to provide a high level of care If they dont birth injuries can be catastrophic to families If you suspect your child suffered a birth injury due to medical negligence or birth injuries you should contact a birth injury lawyer to get help A reputable lawyer will review your case and not charge any upfront costs A successful claim is based on the evidence of the four elements of your case Duty of Care Birth of a baby is one of the most exciting and special events in the lives of any person However this event can become traumatic for parents if medical errors result in serious injuries to their baby during birth and labor These mistakes are often irreparable and cause a family to be faced with a series of challenges for the rest of their lives Doctors and other medical professionals are required by law to treat patients with the care and skill that is normally expected of health professionals in their field under similar circumstances This is called the duty of care If you want to prevail against an atfault healthcare provider you must prove that the medical professional breached this duty This usually means proving how the medical professionals actions or the lack of them differed from what a competent and competent medical professional would have done in similar circumstances The second part of a negligence claim is the causation You must prove with medical records and testimony from an expert that the healthcare professional in questions breach of duty led to your childs injuries For example a doctor may not have observed your childs vital indicators during labor and birth This could have resulted in prolonged oxygen deprivation which in turn caused brain damage The final aspect of a successful negligence claim is the amount of damages You must prove that you and your child suffered actual tangible financial losses that resulted from the atfault healthcare professionals 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 duty to their patients to provide care that is in accordance with standards of their area of expertise A nurse or doctor who fails to meet the standards of care can cause injuries to patients and may result in a claim for damages To succeed in a birth injury lawsuit an attorney must demonstrate that the breach of duty directly led to your childs injuries This must be proven with evidence such as medical documents and expert testimony It is also necessary to establish that your child wouldnt have suffered the injury even if the medical professional been able to provide the standard of care Medical experts are asked review the case in order to determine if the physician or hospital behaved in a way that was not consistent with the accepted medical guidelines Birth injuries can cause a lot of trauma and require medical care for the rest of your life It is vital that you make hospitals and doctors accountable for their negligence and seek compensation to help pay for the future needs of your child A lawyer with experience in handling medical malpractice cases can manage the entire legal process for you which includes responding to insurance requests and filing an action against the accountable parties They can also build a case with the help of evidence obtain expert testimony locate medical records and documents and fight for fair settlements that cover the familys lifelong care costs and expenses Damages A birth injury lawsuit requires the expertise of medical experts who will examine medical records evidence from you and your family as well as other evidence They will establish that the doctor involved in your case acted outside of their duty of take care of your child and caused harm to your child Then theyll determine the amount of damage you have suffered as a result of these injuries birth injury law firm independence include your future and current medical expenses and loss of wages loss of quality of life emotional distress and many other losses It can be a tragedy for your family when nurses doctors and other medical personnel make inexcusable mistakes prior to or even after the birth of your child It can be also difficult to initiate legal action against doctors and hospitals who may have acted negligently or erroneously They often have their own legal teams working fulltime to protect their clients and defend against claims or reduce settlement amounts Medical professionals can be held accountable for their actions by hiring a New York birth injuries lawyer Your lawyer will be in contact with the insurers and file a claim with the court and construct a solid proofbased case to prove the liability They will also fight to secure you a fair settlement or verdict from a jury to cover your losses and future expenses for medical care They can also file your lawsuit in time to be in compliance with any applicable time limit as the clock begins to tick from the date of the medical negligence or malpractice Statute of limitations A successful claim for compensation in a birthrelated injury case includes four parts Your lawyer can explain each element and formulate a convincing legal argument in support of your claim Medical negligence claims require that you prove that the defendant had the duty of care towards your child that the defendant violated that duty and that the breach caused the injuries to your child To prove a claim it is crucial that you prove causation which means that your childs injuries wouldnt have occurred but for the defendants actions or inaction The defendants may contest any of these elements They may argue that you dont have a doctorpatient relationship or that the standards of care are different than what you assert it to be In addition they can challenge your evidence as well as your expert witnesses opinions Youll need medical records as well as other evidence and an account of what happened during the birth of your child Also youll need submit an demand package that contains the names of the individuals you believe should be named defendants A knowledgeable attorney will assist you in identifying the proper defendants and make sure they have adequate insurance coverage A lawyer can also help in advancing costs related to litigation including the costs for highly qualified medical experts This helps alleviate some of the financial strain associated with litigating a birthrelated injury claim