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New York Birth Injury Lawsuits Both mother and child can be at risk during childbirth Medical advances have made childbirth more secure but doctors and nurses must still keep up with professional standards A lawyer who is experienced in the area of birth injury law will examine medical records consult experts and fight to secure the compensation you deserve to prove your case A successful claim may cover your past and future expenses Duty of Care The birth of a child is one of the most joyous events that a family can go through However that event can be stressful if medical errors in pregnancy labor and delivery cause injuries to the infant In New York healthcare professionals have a legal obligation to provide their patients with the best level of care When doctors and other healthcare professionals fail to meet the standards it could be possible to make a birth injury claim to seek compensation for victims injuries In order to win a case in court it is necessary to prove that the defendant was liable to the plaintiff under a duty of care This is accomplished by showing that a doctorpatient relationship existed and also establishing the proper standard of care for a health care provider in the particular circumstances This is usually done through medical documents and expert witness testimony If a healthcare professional breaches the duty of care the victim must prove the breach directly caused the injury In other terms the injury would not have happened if it wasnt for the breach The plaintiff must also prove that they suffered damages These damages could include physical and emotional harm as well as medical expenses incurred due to the injury income loss in the event that the injury kept the person from working and more Medical experts are usually involved in an injury claim for birth birth injury law firm jacksonville can estimate the amount of medical care a victim may need over their life These costs can be staggering and are a crucial element of a successful claim Breach of Duty The context will determine whether the healthcare provider is in a duty to care It also depends on the medical professional customs and practices that are set by the medical community under similar circumstances It may be necessary to consult with medical experts in order to determine the standard that is appropriate to your situation To be successful in your case you must establish that the defendant acted in breach of the law by failing to follow medically recognized procedures A lawyer who is experienced will know the best method to gather evidence and present it in the courtroom Your lawyer will also be familiarized with the defenses offered by the defendants or their insurers in these cases You must also show that the breach of duty caused your child to suffer birth injuries This is the most difficult part of the procedure because you need to prove that your child wouldnt be in danger if the defendant wasnt negligent It is imperative to have an experienced New York birth injuries lawyer on your side A lawyer knows what evidence to look for and how to prove that your childs injuries were preventable They will also know how to prove the full extent of the damage your childs suffered in order to receive the full amount of compensation you are entitled to Causation Birth injuries can take a toll on the child and their parents The cost of treatment and care is not just emotional but also financial These may include hospitalization surgery physical therapy medication and home health aides In some instances the costs could extend into adulthood You must demonstrate that the medical professional breached their duty of care This involves establishing that the doctorpatient relationship existed and they failed to offer the level of skill and care expected of them in similar circumstances The plaintiff must also prove that the breach directly caused the harm they suffered The procedure of proving negligence a medical malpractice case is complex and differs from state to state It is important that you choose an attorney with experience in the legal jurisdiction in which you reside The first step is to set up a free consultation with an attorney In this meeting an attorney will determine whether your claim is valid or not merit and will review possible legal options They will also discuss the options you have for seeking damages for your childs injuries Your lawyer will typically begin the legal process by submitting the Summons and Complaint Then theyll engage in a period of discovery that involves the exchange of evidence and other information between the parties to the lawsuit Damages In a lot of cases complicated calculations are involved in calculating damages For instance serious injuries can lead to lifetime medical needs that can exceed millions of dollars This can include 24hour inhome medical and nursing care occupational and physical therapy as well as other specialized treatments It is difficult to determine the value of these needs without consulting with experts To be successful in a claim the plaintiff must prove that the defendant breached their duty of care This requires establishing an appropriate standard of care The standard is usually determined by the medical professions own customs and practice in similar circumstances To make this argument an experienced attorney will seek the opinion of medical experts who can examine the evidence in the case and provide evidence about the way in which the doctor or hospital didnt meet the required standards After the expert has supported an act of breach of duty the next step is to establish the causality The breach of duty needs to be connected with the harm that occurred to the infant or mother 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 documentation and documents that show how the negligence occurred Teams of lawyers work fulltime for hospitals doctors and medical insurance companies to safeguard their interests They also deny or reduce claims A skilled birth injury attorney can help you navigate the legal process and create a case to maximize your payout