Birth Injury Claims

A birth injury claim covers both the physical and emotional injuries resulting from medical negligence. A judge decides the amount of compensation.

Many lawsuits settle before reaching a decision. This is more efficient and less expensive than the court trial. The legal process is still complex. The documentation of damages is needed to receive financial compensation.

Medical Records

Parents naturally expect top-quality medical treatment for their children. Unfortunately, medical errors often occur during childbirth and leave babies with lasting, devastating injuries. A successful birth injury lawsuit can assist victims in recovering their emotional, financial and physical damages caused by negligence of a doctor.

Medical records are an essential part of any medical malpractice case including a birth injury claim. Lawyers can utilize the medical records of the mother and baby to prove that the harm resulted from negligence by the doctor's duty of care. A lawyer could also use studies that show images and printouts from the electronic fetal monitor which tracks the fetus' heart rate throughout the pregnancy and during delivery.

The employment records of the medical professional as well as prior complaints may be used to prove that they did not adhere to the standards of practice, or treated patients with respect. Medical experts can also be used by lawyers to support the assertions in the course of a lawsuit.

A successful claim can assist families with the cost of treatment like surgery, medication or therapy. Compensation could cover the family's loss of income in the event of their inability to work, and also their suffering and pain. A lawyer can assist a victim and his family demonstrate the extent of the damage they've sustained so that they are eligible for the most compensation.

Employment Record of a Medical Professional

Medical professionals who do not exercise reasonable care during labor, delivery or pregnancy and cause birth injuries can be held responsible for their inattention. The proof of this type of claim requires the appropriate types of evidence, which a seasoned birth injury lawyer can help clients collect and review.

For example, a complication during delivery could cause a baby to have nerve injury to their arms, shoulders, neck, and head. This type of injury can be caused by pulling or using an instrument like forceps that is stretched too much and tears the baby's soft tissues. In such instances, medical professionals can look at fetal monitors which indicate if the baby was in distress or suffered from a lack of oxygen during labor and birth.

A lawyer may request information on the employer of an individual doctor who committed errors in a delivery. This is relevant if a doctor was employed by a hospital or birth injury lawsuit clinic and acted negligently within the context of his/her job. In such instances, a plaintiff might bring a lawsuit against the hospital for vicarious liability in addition to the medical professional who acted negligently.

Midwives are trained and licensed health professionals who assist in the birth of babies in New York, might also be defendants in a birth injury lawsuit. According to state law, when a midwife learns of a health issue affecting the fetus they must transfer the mother's medical treatment to an Obstetrician.

Expert Witnesses

Expert witnesses are often required by an attorney to support the case of a birth injury claim. They are typically medical professionals with specialized expertise in the area they practice. They can analyze evidence, like medical documents and depositions of all parties involved to determine if the healthcare provider responsible has violated the law. Expert witnesses can provide valuable insights on the cause of action, which is crucial for winning a malpractice claim.

A lawsuit is usually filed after sufficient evidence is collected. Your lawyer may issue 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 involves a procedure in which attorneys and medical staff may be questioned, or asked to give statements under oath, about what transpired during the delivery.

It could take many years for a medical negligence lawsuit to be resolved, but the compensation sought by families is essential. A legal case gives families a sense of justice and financial resources to help meet the needs of their child in the future. Although it will not erase the pain, it can make things a little easier. Families will be able to deal with the tragedy more effectively should they be granted the justice that they deserve.

Insurance Policies

If a medical error caused an injury to the baby's birth parents should start a birth injury attorneys injury lawsuit against the medical professionals responsible. This could include an obstetrician, nurses, surgeons and midwives as well as hospitals or clinics where the baby was treated.

An attorney should begin the process by reviewing medical records to determine if there was a malpractice. They will then hire experts to defend their case. They will review the records to establish the accepted standard of care in similar circumstances and help determine how negligence in the field caused injuries to a child.

Once a lawyer is able to provide enough evidence, they can submit an application to the doctor's or hospital's malpractice insurance. The package contains a description that explains how the accident affected the child as well as the parents, as well as the relevant documents and other details. The insurer can accept or decline the claim. If the parties cannot agree on an agreement, the case will go to trial.

Most medical malpractice cases, including cases involving birth injuries are settled out of court. The majority of hospitals and doctors want to stay clear of the negative publicity associated with a trial, as well as the possibility that a jury could be able to award large damages. Legal procedures can increase the cost of an action. Many families will turn to a company which will cover the costs involved in fighting a case and will only be paid if they prevail.