Birth Injury Lawsuits Explained
Families are conditioned to believe that their doctors and other medical professionals will provide a high standard of care. Birth injuries can be catastrophic for families if they’re not properly treated.
Contact a birth injury attorney for help should you suspect that your child has suffered a preventable injury at birth due to medical negligence. Reputable lawyers will evaluate your case free of charge and charge no upfront fees. To prove your claim, you must establish the four elements.
Duty of Care
Few occasions in life are more exciting and special than the birth injury law firms of a baby. However, the birth process can be traumatic for birth injury lawsuit parents when medical errors result in serious injuries to the baby during labor and birth. These errors can be irreversible and create a lifetime of challenges for the family.
Doctors and medical professionals have an obligation under law to treat their patients with the same level of care and competence that is expected from health care professionals of similar professions in similar situations. This is known as the duty of care. You must prove that a medical professional breached this duty to settle a case. This usually involves demonstrating that the medical professional’s actions or inability to act was in violation of what a reasonably educated and competent medical professional would have done under 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 provider at fault’s breach of duty caused your child’s injuries. A doctor, for instance might not have supervised your child’s vitals during labor and birth. This could have caused brain damage due to prolonged oxygen deprivation.
Damages are the most important aspect in an effective negligence case. You must prove that you and your child suffered tangible financial losses that resulted from the at-fault healthcare professional’s failure to meet their duty of care. This typically includes past and future medical expenses, lost wages and other non-economic losses such as pain and suffering.
Causation
Medical professionals owe a duty to patients to provide treatment consistent with the standard of care in their area of expertise. If a doctor or nurse does not meet the standards of care, it could cause an injury to the patient and result in an action for damages. In order to win a birth injury lawsuit, an attorney must prove that the breach of duty directly caused the injuries suffered by your child. This can be proved with evidence like medical documents and expert testimony.
It is also essential to prove that your child wouldn’t have suffered the injury If the medical professional had performed the required standard of treatment. Medical experts are asked to examine the case to determine if the doctor or hospital acted in a way that was not consistent with the accepted medical practice.
Birth injuries can be life-changing and require medical attention for the rest of their lives. It is essential to hold at-fault physicians and hospitals responsible for their negligence, and to seek compensation to help ensure your child’s future requirements.
A lawyer who has handled medical malpractice cases is able to handle the entire legal process including responding to insurance inquiries and birth injury lawsuit bringing a lawsuit against the parties responsible. They can also build an evidence-based case and get expert testimony, locate medical records and other documents, and fight for a fair settlement that covers the losses of your family and continue to pay for expenses for medical care.
Damages
A birth injury lawsuit requires the expertise of medical experts who will review medical records, testimony from your family and you and other evidence. They will help you prove that the hospital or doctor involved in your case breached their duty of care and harmed your child. They will then calculate the damages you have suffered as a result of those injuries. Included are your present and future medical costs as well as lost wages, loss in quality of life emotional distress, and other losses.