Birth Injury Claims

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

Many lawsuits are settled before a decision is reached. This is more efficient and less expensive than a trial. The legal process can still be complicated. Obtaining financial compensation requires documentation of the damages you want to claim.

Medical Records

Parents naturally expect high-quality medical treatment for their children. Sadly, medical mistakes sometimes occur during childbirth, which leave babies with permanent, devastating injuries. A successful birth injury lawsuit can be able to compensate victims for emotional, financial, and physical damages they've suffered because of the negligence of a doctor.

Medical records are a critical part of any medical malpractice lawsuit, including a birth injury case. A lawyer can use medical documents of both the mother and baby to prove that the injury was caused by a breach in the duty of a doctor. A lawyer can use the scans and imaging studies derived from the electronic fetal monitor, which tracks the heart rate of the fetus throughout pregnancy as well as the birth.

The employment records of the medical professional as well as any previous complaints can be used to prove they have not abided by the rules of practice, or dealt with patients with respect. An attorney can also use a medical expert's testimony to prove the claims made in the lawsuit.

A successful claim can allow families to pay for costly treatment like surgery, medication or therapy. Compensation can cover the loss in income of the family if they are unable to work, and also their suffering and pain. A lawyer 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 Professionals Employment Record

Medical professionals who do not exercise reasonable care during a woman's delivery, labor or pregnancy and inflict birth injuries may be held responsible for their negligent actions. A birth injury lawyer can help gather and review the evidence needed to prove this type of claim.

For instance, a problem during birth could cause a baby to have nerve damage in his or her arms, shoulders, neck, and head. This type of injury can result from pulling or the use of a tool like forceps which overstretches and tears baby's soft tissues. In these instances, medical professionals are able to examine fetal monitor strips which show when the baby was suffering or had a shortage of oxygen during labor and birth.

A lawyer may also ask for details on the employer of a medical professional who committed malpractice during an operation. This can be relevant if the doctor was employed by a hospital or clinic and was negligent within the confines of their job. In such instances the plaintiff may bring a lawsuit against the hospital for vicarious responsibility in addition to the medical professional who was negligent.

Midwives who are educated and licensed health professionals who assist in giving births in New York, might also be defendants in a birth injury lawsuit. Under state law the moment a midwife discovers of a health issue affecting the fetus they must transfer the mother's medical treatment to an obstetrician.

Expert Witnesses

In the case of a birth injury claim, lawyers will often need to bring in experts as witnesses. These individuals are typically medical professionals with expertise of the field in which they practice. They can examine evidence, such as medical documents and depositions of all parties involved in determining if the healthcare provider responsible has violated the law. Expert witnesses can offer valuable insight on the causality, which is vital to win a malpractice case.

A lawsuit is usually filed after the necessary evidence has been gathered. Your lawyer can issue summons and complaint in the county of the incident. The defendants then have the option of filing an answer and the parties may begin discovery. Discovery is a process where attorneys and medical staff are deposed or asked give statements under oath regarding the events that occurred during the delivery.

It can take several years for a medical malpractice lawsuit to be resolved however, the compensation sought by families is crucial. A legal claim can give families an appreciation of justice as well as the financial resources needed to pay for their child's future needs. The pain won't go away however it will help reduce the burden. Families will be able cope with the tragedy better when they get the justice they deserve.

Insurance Policies

If a medical mistake resulted in an injury to the baby's birth, parents should submit a birth injury claim against the responsible medical professionals. This could include an obstetrician, or midwife in addition to surgeons, nurses and other medical professionals.

A lawyer should start the process by going through medical records to assess whether malpractice was committed. They should then engage expert witnesses to help support their case. These individuals can review the records to define the standard of care that is accepted in similar situations and establish how medical negligence caused the child's injuries.

Once a lawyer is able to provide enough evidence, they can submit a demand package to the hospital's or doctor's malpractice insurer. This will include a written statement that describes how the injury affects the parents and the child, along with relevant documents and details. The insurer is able to take or deny the claim. If the parties cannot agree on a settlement, the case will be tried.

The majority of medical malpractice cases including birth injuries, are settled out of court. Many hospitals and doctors avoid trials to avoid negative publicity, and also the possibility of a jury awarding large damages. The legal process adds to the overall cost of a lawsuit which is why many families choose an attorney firm to assist in the cost of pursuing the case. They only get paid when they collect money.