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New York Birth Injury Lawsuits The process of childbirth can be dangerous moment for both mother and baby 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 with experience in the area of birth injury law will look over medical records consult with experts and fight to secure the compensation you deserve to make a convincing case A successful claim can cover all your expenses both future and past Duty of Care The birth of a child is one of the most exciting experiences that a family could experience However it can turn traumatic when medical mistakes made during labor and birth cause injuries to the infant In New York healthcare providers are required by law to provide patients with the highest standard of care If healthcare professionals fail to meet the standards it could be possible to file a birth injury lawsuit to recover damages for a victims losses To be successful in a lawsuit it is essential to show that the defendant had a duty of care This can be accomplished by proving that there is a doctorpatient relationship and establishing a standard of care that is appropriate for a health provider in the circumstances This is typically done by medical records and expert testimony If a healthcare professional violates the duty of care the victim has to prove that the breach directly caused the injury The injury would not have occurred if the breach had not occurred The victim must prove that he was a victim of damages The victim must prove that he or she was a victim of damages Medical experts are frequently involved in the case of a birth injury They can determine the amount of medical care a victim could require over their lifetime These expenses can be huge and are an important part of the success of a claim Breach of Duty The situation will determine if an healthcare provider is bound by a duty to take care It also depends upon the medical communitys rules and practices in similar situations It might be necessary to involve medical experts to determine what standard is appropriate for your situation To succeed in your case you must demonstrate that the defendant violated this obligation when he failed to act in accordance with medically recognized procedures An experienced lawyer will know the best method to gather and present evidence in the courtroom Your lawyer will also be familiarized with the defenses raised by the defendants or their insurers in these instances You must also show that the breach of this duty caused the birth injury of your child This is a hard part of the case because you have to argue that your child would not have suffered the same fate if the defendant wasnt negligent This is why it is so important to have a knowledgeable New York birth injury lawyer on your side A lawyer will know the evidence to look for and how to prove that your childs injuries were avoidable They will also know how to demonstrate the full amount of the damage your child suffered so that you can recover all the damages that you are entitled to Causation Birth injuries take its toll on both the child and parents In addition to the emotional trauma and financial burden there are expenses for treatment and medical care This could include surgery hospitalization physical therapy medication and home health aids In certain instances they may extend into adulthood You must show that the medical professional breached their duty of care This involves establishing that the doctorpatient relationship existed and that they failed to offer the kind of skill and care that is expected of them in similar circumstances The plaintiff must also demonstrate that the breach directly caused the injury they experienced Proving the negligence of a medical malpractice case is a complex matter and differs according to the state It is important that you choose an attorney with experience in the legal jurisdiction in which you reside The first step is to schedule a free consultation with an attorney During the consultation an attorney will decide if your claim is valid and then discuss possible legal strategies They can also discuss the options available to you for pursuing damages for the injuries your child sustained The legal process usually starts with your attorney filing the Summons and Complaint against the defendant After that theyll be involved in a process known as discovery which involves the exchange of evidence as well as information between the parties to the lawsuit Damages In a lot of cases complicated calculations are required to calculate damages Serious injuries can lead to lifelong costs for care that can be in the millions This could include 24hour inhome nursing as well as physical and medical occupational therapy and other therapies that require specialized expertise The cost of these needs is difficult to estimate without consulting experts in each field In order to win a case the plaintiff must demonstrate that the defendant did not fulfill their duty of care This involves establishing a reasonable standard of care The standard is usually determined by the medical professions own customs and practice in similar situations A competent attorney will consult with medical experts who can look over the evidence and provide testimony that the doctor or the hospital did not meet the standard When an expert has backed the breach of duty the next step is to establish the causation birth injury attorneys concord of duty has to be linked to the harm done to the mother or infant To accomplish this the attorney must submit a demand package to the hospitals malpractice carrier that includes records and documentation showing how the negligence occurred and how it caused the injuries Lawyers work fulltime for hospitals doctors and medical insurance companies to defend their interests They also reject or reduce claims A skilled lawyer for birth injuries can help you navigate the process and develop strong arguments to maximize the compensation youre entitled to receive
