Birth Injury Claims

Birth injury claims address both emotional and physical injuries caused by medical negligence. A court determines compensation awards.

Many lawsuits settle before reaching a verdict. This is more efficient and less expensive than an actual trial in a courtroom. However, the legal process can be complicated. The process of obtaining financial compensation requires documentation of the damages you seek.

Medical Records

Parents want their children to receive top-quality medical treatment. However, medical mistakes can occur during childbirth and leave children with permanent, devastating injuries. A successful birth injury lawsuit can be able to compensate victims for financial, emotional, and physical damages they've suffered because of the negligence of a physician.

Medical records are an essential element of any medical malpractice case, including a birth injury case. Lawyers can utilize the medical records of the mother and baby to show that the injury was caused by negligence by the physician's duty to care. A lawyer can also use imaging studies and printouts from the electronic fetal monitor which displays the fetus's heart rate throughout the pregnancy and birth.

The medical professional's employment record and prior complaints may help to prove that they have an history of not adhering to standards of practice or treating patients with respect. An attorney may also rely on the testimony of a medical expert to prove the claims made in the lawsuit.

A successful claim could aid families in paying for costly treatment like surgery, medication or therapy. Compensation may help cover the family's loss of income if they are unable to work, as well their suffering and pain. A lawyer can help to prove the extent of the damage that a victim and their family have suffered, so they can receive the highest amount of compensation they can receive.

Employment records of a Medical Professional

If medical professionals fail to take reasonable care during a woman's pregnancy, labor, and delivery and result in birth injuries the medical professional could be held accountable for their negligence. A birth injury lawyer can assist find and analyze the evidence needed to support this type of claim.

For example, a complication during birth could cause a baby to have nerve injury to their neck, shoulders, arms and head. This type of injury can be caused by pulling the baby, or using a device like forceps, which overstretch and break the soft tissues. In such instances, medical experts could examine the fetal monitor strips to determine the time when a baby was in distress or was suffering from a lack of oxygen during the labor and delivery process.

A lawyer may also ask for information about the employer of an individual doctor who committed error in the delivery. This can be relevant if the doctor was employed by a hospital or clinic and was negligent in the course of their work. In such instances the plaintiff can also sue the hospital as a vicarious defendant as well as to the medical professional who was negligent.

Midwives, who are trained and licensed health professionals who assist in birthing babies in New York, might also be defendants in a birth injury lawsuit. In accordance with state law, if a midwife becomes aware of a problem involving the fetus, they must refer the mother's medical attention to an obstetrician.

Expert Witnesses

Expert witnesses are often required by an attorney to support an injury claim for birth. These are usually medical professionals who have specialized expertise in the area they practice. They can analyze evidence, such as medical documents and depositions of all parties involved to determine if the healthcare provider responsible violated the standard. Expert witnesses can provide valuable insights on the causation issue, which is crucial in proving a malpractice case.

When enough evidence has been found, a lawsuit will typically be filed. Your lawyer can file a summons or complaint with the courts of the county where the injury occurred. The defendants will then have the opportunity to file an answer and the parties will be able to begin discovery. Discovery is a process during which medical and legal professionals are questioned or required to take oaths to provide evidence about what transpired during the birth.

A medical malpractice case can take a long time to reach a conclusion, but it's vital for families that are seeking compensation. A legal action can provide families the sense of justice they deserve and the financial resources needed to pay for the future needs of their child. While it's not going away the pain, it can make things a little easier. The justice they deserve will help families cope with the loss and move forward.

Insurance Policies

If a medical error resulted in an injury to the baby's birth parents must file a birth injury claim against the responsible medical professionals. They could be obstetricians and surgeons, nurses, midwives, and hospitals or clinics where the baby was treated.

Lawyers should begin the process by looking over medical records to determine whether there was any malpractice. They then need to hire experts to support their claim. They can examine the documents to determine the standard of care that is accepted in similar situations and establish how medical negligence caused injuries to a child.

Once an attorney has sufficient evidence to support a claim, they can send the complete set of information and documents to the malpractice insurance company the hospital or doctor. This will include a written statement that explains how the incident affects the parents and the child, along with the relevant documents and information. The insurance company can either accept or reject the claim. If the parties can't reach a settlement, the case will be heard.

The majority of medical malpractice cases are settled out of court, especially those involving birth injuries. The majority of hospitals and doctors want to stay clear of the negative publicity associated with a trial, and the possibility that juries will decide to award substantial damages. Legal proceedings can raise the cost of an action. The majority of families will go to a company that will pay for the expenses associated with fighting a case and will only be paid if they are successful.