Birth Injury Claims

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

Many lawsuits are settled before a verdict is reached. This is less costly and quicker than a trial in a courtroom. The legal process is complex. The process of obtaining financial compensation requires documentation of the damages you seek.

Medical Records

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

Medical records are an integral part of any malpractice case, and birth injury claims are not any different. A lawyer can utilize medical documents of both the mother and the child to prove that the injury was the result of a breach in the doctor's duty. Lawyers can use prints and imaging studies of the electronic monitoring of fetal development, which displays the heart rate of the fetus throughout pregnancy as well as delivery.

The medical professional's records of employment and prior complaints may help to prove that they have an egregious history of not adhering to guidelines of practice or treating patients with respect. Attorneys can also rely on the testimony of a medical expert to support the claims made in the lawsuit.

A successful claim may help families pay for expensive treatments like surgery, medication or therapy. Compensation can also cover the family's income loss if they can no longer work, as well as their suffering and pain. A lawyer can help to prove the extent of the damage that the victim and his family have suffered, so they can claim the highest amount of compensation that is possible.

Medical Professionals Employment Record

Medical professionals who do not exercise reasonable care during a woman's delivery, labor or pregnancy and cause birth injuries could be held accountable for their negligence. A birth injury lawyer can assist collect and review the evidence required to support this type of claim.

For example, a complication during delivery may cause a baby nerve injury to their arms, shoulders, neck, and head. This type of injury can be caused by pulling the baby, or using a tool such as forceps to stretch and tear the soft tissues. In such cases medical experts are able to examine fetal monitor strips which indicate if the baby was distressed or had a lack of oxygen during labor and delivery.

A lawyer can request information on the employer of the doctor who was found guilty of negligence in a delivery. This is particularly relevant if the doctor was employed by a hospital or clinic and was negligent within the confines of their duties. In these cases the plaintiff could pursue the hospital for vicarious liability in addition to the medical professional who acted negligently.

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

Expert Witnesses

Expert witnesses are often required by an attorney to support an injury claim for birth injury law firms. They are typically medical professionals who have specialized knowledge in the field they practice. They can examine evidence, such as medical records and depositions from all parties involved to determine if the healthcare provider responsible violated the standard. Expert witnesses can also provide valuable insight into causation - which is crucial to win a medical malpractice case.

When enough evidence has been obtained, a lawsuit can generally be filed. The lawyer will file a summons and complaint with the courts in the county where the injury occurred. The defendants may then file an answer, and the parties can begin discovery. Discovery involves a procedure in which medical professionals and attorneys are deposed, or asked to give testimony under oath, regarding what happened during the delivery.

A medical malpractice case can take several years to conclude but it's essential for families who seek compensation. A legal case can give families an appreciation of justice as well as the financial resources to provide for the future needs of their child. While it's not going away the pain, it will help to ease the burden. Families will be able deal with the tragedy more effectively if they receive the justice that they deserve.

Insurance Policies

If a medical error caused birth injuries parents must start a birth injury lawsuit against the medical professionals responsible. They could be obstetricians, nurses, surgeons, midwives, and hospitals or clinics where the baby was treated.

Lawyers should begin the process by looking over medical records to determine if malpractice occurred. They should then seek out expert witnesses to help support their case. These experts can examine records to determine the standard of medical care in similar circumstances and assist in establishing the role that medical negligence played in the child's injuries.

If a lawyer has enough evidence they can then submit a demand package to the hospital's or doctor's malpractice insurer. The package contains a description of how the injury affected the child as well as the parents, as well as the relevant documents and other details. The insurer can either accept or reject the demand. If the parties are unable to agree on a settlement then the case will be heard.

Most medical malpractice cases, including birth injuries, settle without trial. Many hospitals and doctors opt out of a trial to avoid negative publicity, as well the possibility that a jury will award high damages. Legal procedures can make it more expensive to pursue the lawsuit. A majority of families turn to a firm that will pay for the expenses involved in taking on a case, but will only be compensated if they prevail.