Birth Injury Claims

Birth injury claims address both emotional and physical injuries caused by medical negligence. A court determines the amount of compensation to be awarded.

Many lawsuits are settled before a final decision is reached. This is faster and less costly than a trial. The legal process can still be difficult. Documentation of damages is required to receive financial compensation.

Medical Records

Parents want their children to receive top-quality medical treatment. Sadly, medical mistakes sometimes occur during childbirth and leave babies with permanent, devastating injuries. A successful birth injury claim may assist victims in recovering their emotional, financial and physical harms due to negligence of a physician.

Medical records are a crucial element in any malpractice case and birth injuries are no exception. A lawyer can use the mother's and baby's medical records to prove that the harm was the result of an infraction to the medical professional's duty of care. Lawyers can use prints and imaging studies of the electronic fetal monitoring which records the heart rate of the fetus throughout pregnancy and delivery.

The medical professional's employment record as well as previous complaints can be used to show that they have a history of disobeying the standards of practice or treating patients with respect. An attorney can also use a medical expert's testimony to support the claims made in the lawsuit.

A successful claim may help families pay for expensive treatments such as surgery, medication or therapy. Compensation could cover the loss in income of the family if they are unable to work, and also their suffering and pain. An attorney can help the family members of a victim demonstrate the extent of the damage they've suffered, so they can receive the maximum compensation.

Medical Professional's Employment Record

When medical professionals fail to take reasonable care during a woman's pregnancy, labor, or delivery and result in birth injuries and a birth injury, they could be held accountable for their carelessness. A birth injury attorney injury lawyer can help collect and review the evidence required to prove this kind of claim.

For example, a complication during delivery may cause a baby to suffer nerve injury to their neck, shoulders, arms and head. This kind of injury could be caused by pulling or the use of a tool like forceps that is stretched too much and tears the infant's soft tissues. In such instances medical professionals could look into the fetal monitor strips that indicate when a baby went into trouble or was suffering from the lack of oxygen during labor and birth process.

A lawyer could also request details on the employer of medical professionals who committed malpractice during the course of delivering. This is especially relevant if a doctor was employed by a clinic or hospital and acted negligently in the context of his/her job. In such situations the plaintiff may seek to sue the hospital for vicarious responsibility in addition to the medical professional who acted negligently.

Midwives in New York who are licensed and trained health professionals that assist in the delivery of babies may also be named in a birth injuries suit. If they are aware of a problem with the fetus, they are required to shift the mother's care to an obstetrician, under the state law.

Expert Witnesses

Expert witnesses are often required by lawyers to support claims for birth injuries. These are usually medical professionals with specific knowledge about the field in which they practice. They can examine evidence, including medical records and depositions from 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 win a medical malpractice lawsuit.

A lawsuit is usually filed after enough evidence has been established. Your lawyer can make a summons and complaint with the courts in the county where the accident occurred. The defendants can then file an answer and the parties can commence discovery. Discovery is a process during which attorneys and medical staff are deposed or asked to provide statements under oath concerning what happened during delivery.

It could take many years for a medical negligence lawsuit to be settled 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. It won't make the pain disappear but it can help let things go a little easier. Getting the justice they are due will help families deal with the loss and move forward.

Insurance Policies

If a medical mistake caused birth injuries, parents should make a claim for birth injuries against the medical professionals responsible. These could include an obstetrician or midwife as well as nurses, surgeons and other medical professionals.

A lawyer should start the process by examining medical records to determine if malpractice was committed. They then need to hire experts to defend their case. They can examine the records to define the accepted standard of care in similar situations and establish how medical negligence caused the injuries of a child.

When an attorney has enough evidence to support a claim, they can submit the bundle of documents and information to the insurance company that covers malpractice for an appointment with a doctor or hospital. 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 insurer is able to accept or reject the claim. If the parties are not able to reach an agreement on a settlement, the case will be ruled.

The majority of medical malpractice cases, including those involving birth injuries, settle out of court. Many doctors and hospitals avoid trials to avoid negative publicity, as well as the possibility that a jury will award high damages. The legal process adds to the overall cost of a lawsuit therefore, most families decide to a law firm that can help with the costs of pursuing the case. They only pay when they get money.