What needs to be proven so we can heal? How do we start toward a settlement?
If you or a loved one have been affected by medical negligence during childbirth, you'll want to understand the key elements required to prove a child birth injury case in New York. Mizrahi Kroub, LLP is here to shed light on this complex topic and show you what you need to prove to move forward.
ESTABLISHING MEDICAL NEGLIGENCE
In a childbirth injury lawsuit, there are four elements that need to be proven to establish medical malpractice:
Duty of Care: This means demonstrating that the healthcare provider owes a duty of care to the patient. In childbirth cases, this duty typically means that the healthcare provider (doctor, nurse, midwife, etc.) has a responsibility to provide a certain standard of care to the mother and the baby during delivery.
Breach of Duty: Is showing that the healthcare provider breached the duty of care owed to the patient. This breach occurs when the provider's actions or omissions fall below the accepted standard of care that a reasonably competent provider would adhere to in similar circumstances. For instance, this could include errors during delivery, failure to monitor vital signs, or improper use of medical instruments.
Causation: This is proving that the breach of duty directly caused harm to the mother, the baby, or both. This means establishing a direct link between the healthcare provider's negligence and the injury suffered. In childbirth cases, this could be a birth injury to the baby (such as cerebral palsy due to oxygen deprivation) or harm to the mother (such as excessive bleeding due to a surgical error).
Damages: You have to demonstrate that the negligence resulted in specific damages. These damages can include physical injuries, emotional distress, medical expenses, loss of income, and other related losses. Documenting these damages thoroughly is essential for determining the compensation the injured parties may be entitled to receive.
STARTING TOWARD A SETTLEMENT WITH A MEDICAL MALPRACTICE LAWYER
To begin moving toward a settlement or pursuing legal action:
Consult with a Lawyer: It is advisable to consult with an experienced medical malpractice attorney who can evaluate the circumstances of the case, review medical records, and provide an initial assessment of the claim's strength.
Gathering Evidence: The attorney will help gather evidence to support each of the four elements of a medical malpractice claim. This may involve obtaining medical records, consulting expert witnesses, and documenting the extent of the injuries and damages suffered.
Negotiation or Litigation: Depending on the circumstances and evidence gathered, the lawyer may initiate negotiations with the healthcare provider's insurance company or file a lawsuit if a settlement cannot be reached.
Building a Case: Throughout the process, the attorney will work to build a strong case by compiling evidence, preparing legal arguments, and advocating for the best possible outcome for the injured parties.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.