The law in New York requires that a plaintiff prove a defendant’s negligence to successfully recover compensation.
To succeed, a plaintiff must:
Prove that the defendant owed the plaintiff a duty of care. In a birth injury case, you must prove that the doctor or provider owed a duty to care to the baby and mother to help avoid any harm that could come to them.
Prove that the defendant breached that duty of care. You must provide evidence that proves that the doctor or other provider failed to provide appropriate care.
Prove that the defendant’s breach of duty caused a birth injury. You must prove that the injury to your baby resulted directly from the failure of the doctor or provider to provide adequate care.
Prove that the injury has serious ramifications for you. Finally, you must prove that the injury resulting from the doctor’s or provider’s carelessness has caused you and your baby some measure of pain, suffering, and loss.