Birth Injury Claims

A birth injury claim can cover both the physical and emotional injuries resulting from medical negligence. The court decides on compensation awards.

Many lawsuits settle before reaching a decision. This is faster and less costly than a trial. The legal procedure is complex. The process of obtaining financial compensation requires documentation of the damages you want to claim.

Medical Records

Parents naturally expect high-quality medical care for their children. But, medical errors may occur during childbirth, resulting in children with permanent, devastating injuries. A successful birth injury lawsuit can be able to compensate victims for emotional, financial physical, and emotional injuries they've suffered due to the negligence of a doctor.

Medical records are an integral element of any malpractice case, and birth injury claims are not any different. Lawyers can use medical records of the mother and baby to prove that the harm resulted from a breach of the doctor's duty of medical care. A lawyer can use prints and imaging studies of the electronic fetal monitoring which displays the heart rate of the fetus throughout pregnancy as well as the birth.

The records of the employment of the medical professional and any previous complaints can be used to show that they have not followed standards of practice, or treated patients with respect. An attorney can also use a medical expert's testimony to support the claims made in the lawsuit.

A successful claim could help families pay for costly procedures like surgery, medications and therapy. Compensation may help cover the loss in income of the family when they are unable work, as well as their suffering and pain. A lawyer can demonstrate the total amount of damage that the victim and his family members have suffered, ensuring that they can claim the highest amount of compensation that they are entitled to.

Medical Professionals' Employment Records

Medical professionals fail to take reasonable care during the course of a woman's pregnancy or labor and delivery and cause a birth injury or Birth Injury a birth defect, they could be held accountable for their carelessness. To prove this kind of claim requires the proper types of evidence, which a seasoned birth injury lawyer can help clients collect and review.

For instance, a problem during birth can cause a baby nerve damage to his or her neck, shoulders, arms and head. This kind of injury may be caused by pulling the baby, or using a tool such as forceps, which overstretch and break the soft tissues. In these instances, medical professionals are able to examine fetal monitor strips which indicate if the baby was suffering or had a shortage of oxygen during labor and delivery.

A lawyer can also ask for information about the employer of a doctor who committed negligence in a delivery. This is relevant if a doctor was employed by a clinic or hospital and acted negligently within the course of employment. In such instances the plaintiff could seek to sue the hospital for vicarious responsibility in addition to the medical professional who acted negligently.

Midwives who are certified and licensed health professionals who assist in delivering babies in New York, might also be defendants in a birth injury lawsuit. As per state law, when a midwife learns of a problem involving the fetus, she must transfer the mother's medical attention to an Obstetrician.

Expert Witnesses

When preparing a birth injury claim, an attorney is often required to get experts as witnesses. They are typically medical professionals with specialized knowledge of the field they practice. They can examine evidence, including medical documents and depositions of all parties involved in determining if the healthcare provider at fault has violated the law. Expert witnesses can also provide valuable insight into causation - which is essential to succeed in a medical negligence case.

Once sufficient evidence has been found, a lawsuit will generally be filed. The lawyer will file summons and complaint in the county where the injury occurred. The defendants are then able to file an answer, and the parties can begin discovery. Discovery is a process where medical professionals and attorneys are deposed or asked to give statements under oath regarding what transpired during the birth.

It can take years for a medical malpractice lawsuit to be resolved however, the compensation sought by families is crucial. A legal case gives families a sense justice and financial resources to meet their child's needs in the future. While it's not going away the pain, it can make things a little easier. Families will be able to manage the tragedy better if they receive the justice that they deserve.

Insurance Policies

Parents should file a claim to cover birth injuries if a medical error led to a birth defect. These could include an obstetrician and midwife as well as surgeons, nurses and other medical professionals.

Lawyers should begin the process by looking over medical records to determine if malpractice occurred. They will then hire experts to support their case. They will be able to review the documents to determine the accepted standards of medical care in similar situations and also help determine the importance of medical negligence in the child's injuries.

Once a lawyer is able to provide enough evidence they can then submit an application to the doctor's or hospital's malpractice insurance. This should include a document that describes how the injury affects the parents and the child, along with all relevant documents and other information. The insurer may decide to accept or decline the request. If the parties can't agree on a settlement, the case will go to trial.

The majority of medical malpractice cases, including those involving birth injuries, end up in court. The majority of hospitals and doctors want to avoid the negative publicity of a trial, and the possibility that juries will decide to award substantial damages. The legal process can also increase the cost of the lawsuit. Most families will turn to a firm which will cover the costs involved in taking on a case, but will only be paid if they succeed.