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New York Birth Injury Lawsuits Both the mother and the child could be at risk during childbirth. While medical advances have made the process safer but the doctors and nurses involved must still uphold the highest standards of professional practice. A lawyer skilled in birth injury law will review medical records, consult with experts and fight for the compensation you require to establish a solid case. A successful claim could cover the costs of your past and future. Duty of Care The birth of a baby is one of the most exciting events that a family can go through. However, that event can be stressful if medical errors in pregnancy, labor and delivery result in injuries to the baby. In New York, healthcare providers have a legal obligation to treat patients with the best standard of care. If doctors or other healthcare providers do not meet this standard, it is possible for the victim to bring a lawsuit in order to recover damages. To win a claim, it is important to establish that the defendant owed the plaintiff a duty of care. This is accomplished by showing that a doctor-patient relationship existed, as well as establishing the proper standard of care for a health care provider under the circumstances. This is usually done through medical documents and expert witness testimony. If a healthcare professional fails to fulfill the duty of care, the victim must prove that the breach directly caused the injury. The injury would not have occurred in the event that the breach had not occurred. The victim must also show that they have suffered damages. These damages could include emotional and physical harm, medical expenses incurred by the injury, lost income if the injury prevented the person from working, and much more. In most cases, a birth trauma case will involve medical experts who will provide an estimate of the lifelong cost of care that an injured victim will require. These costs can be astronomical and constitute a key element in an effective claim. Breach of Duty The situation will determine if an healthcare provider is bound by a duty to take care. It also depends on medical professional customs and practices set forth by the medical community under similar circumstances. It is possible to involve medical experts in order to determine what standard is appropriate for your particular situation. To be successful in your case, you must demonstrate that the defendant violated the law by failing to follow medically-accepted procedures. A competent lawyer will know how to collect and present this evidence in the courtroom. Your lawyer will also be acquainted with the defenses raised by the defendants or their insurance companies in these cases. You must be able to show that the breach of duty caused your child to sustain birth injuries. This is a challenging part of the case to prove as it is a matter of proving that your child wouldn't be suffering from their injuries but because of the negligence or carelessness of the defendant. This is why it is essential to have an expert New York birth injury lawyer to your side. A lawyer will know the evidence to look for and how you can prove that your child's injuries were not preventable. They also be able to prove the full extent of injuries your child has endured to ensure that you receive the full amount of compensation you are entitled to. Causation Birth injuries can be devastating to both the child and parents. In addition to the emotional trauma and financial burden, there are costs for medical and treatment. These costs may include hospitalization, surgeries as well as medication, home health aides, and physical therapy. The costs may extend to adulthood. You must establish that the medical professional breached their duty of care. This requires proving that the doctor-patient relationship existed and they did not provide the level of skill and care expected of them in similar circumstances. The plaintiff must also show that the breach directly caused the harm they suffered. birth injury lawsuit jackson of proving the negligence of a medical malpractice case is a complex matter and differs in each state. It is important that you employ an attorney who has knowledge of the legal system where you live. The first step is to schedule a complimentary consultation with an attorney. In this meeting an attorney will assess whether your claim has merit and will discuss possible legal options. They can also discuss the options available to you in seeking damages for your child's injuries. Your attorney will usually start the legal process by filing an Summons and Complaint. After that, they'll be involved in a process known as discovery that involves the exchange of evidence and other information between the parties to the lawsuit. Damages Many birth injury cases require complicated damages calculation. For example, severe injuries can lead to lifetime care needs that exceed millions of dollars. This may include around-the-clock in-home nursing as well as physical and medical occupational therapy, and other treatments that are specialized. It is difficult to assess the financial value of such requirements without consulting experts. To win a claim the plaintiff has to prove that the defendant did not fulfill their obligation of care. This involves establishing a reasonable standard of care. The standard is usually established by the medical professions' own practices and customs in similar circumstances. An experienced attorney will speak with medical experts who can review the evidence and testify that the doctor or the hospital did not meet the standard. After the expert has supported a breach of duty the next step is to establish causality. The breach of duty needs to be linked with the harm that occurred to the mother or infant. To accomplish this, the attorney will submit a demand package to the doctor's or hospital's malpractice carrier, which includes the records and documents that explain how the negligence occurred and how it contributed to the injuries. Hospitals, doctors and medical insurance providers have legal teams working 24/7 to protect their rights and limit or deny claims. An experienced birth injury lawyer can help you navigate the legal system and construct a case to maximize your payout.