Birth Injury Claims

A birth injury claim can cover both the physical and emotional injuries resulting from medical negligence. A court determines compensation awards.

Many lawsuits settle before reaching a trial verdict. This is more efficient and less expensive than a trial. The legal process can be a bit complicated. Obtaining financial compensation requires documentation of the damages you wish to claim.

Medical Records

Parents naturally expect high-quality medical care for their children. However, medical errors can occur during childbirth, leaving children with permanent, devastating injuries. A successful birth injury claim could help to compensate victims for their financial, emotional and physical harms caused by negligence of a doctor.

Medical records are an essential element of any medical malpractice case, including a birth injury case. A lawyer can use medical records of both the mother and the baby to demonstrate that the injury was due to an omission by the duty of a doctor. A lawyer could also use images studies and printouts of the electronic fetal monitor which shows the fetus' heart rate throughout the pregnancy as well as during the delivery.

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

A successful claim could assist families with the cost of procedures like surgery, medications and therapy. Compensation can also cover the family's loss of income in the event that they can no longer work, and their suffering and pain. A lawyer can assist the family members of a victim show the damages they've suffered, so they can receive the maximum compensation.

Employment Record of a Medical Professional

Medical professionals who fail to exercise reasonable caution during birth, labor or pregnancy and cause birth injuries can be held responsible for their carelessness. To prove this kind of claim requires the right types of evidence, which an experienced birth injury lawyer can help clients gather and review.

For instance, a problem during birth could cause a baby to have nerve injury to their arms, shoulders, neck, and head. This type of injury can result from pulling or birth injury using forceps or other tools that is stretched too much and tears the infant's soft tissues. In these cases medical professionals can look at the fetal monitor strips to determine the moment when a child was in distress or was suffering from a lack of oxygen during labor and delivery process.

A lawyer could also request information on the employer of medical professionals who committed malpractice during a delivery. This is particularly relevant if the doctor was employed by a clinic or hospital and acted negligently within 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 was negligent.

Midwives who are educated and licensed health professionals who assist with delivering 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 with the fetus she must transfer the mother's medical needs to an obstetrician.

Expert Witnesses

When constructing a birth-related injury claim, attorneys may need to call in expert witnesses. These are usually medical professionals with specialized knowledge about the field in which they practice. They are able to review the evidence in a case, including medical records and depositions from all the providers involved to determine whether the at-fault health provider violated the standards of care. Expert witnesses can provide valuable information on the causation issue, which is crucial to win a malpractice lawsuit.

A lawsuit can be filed after sufficient evidence is gathered. Your lawyer can make a complaint and summons in the county where the injury occurred. The defendants can then file an answer and the parties may begin discovery. Discovery is a process during which attorneys and medical staff are questioned or asked to make statements under oath about what happened during delivery.

A medical malpractice suit can take several years to settle However, it's crucial for families that are seeking compensation. A legal case can give families an appreciation of justice as well as the financial resources to provide for their child's future needs. While it won't take away the pain, it can help to ease the burden. The justice they are due will help families deal with the tragedy and move forward.

Insurance Policies

If a medical error caused an injury to the baby's birth, parents should file a birth injury law firm injury claim against the medical professionals responsible. These could include obstetricians, nurses, surgeons or midwives, hospitals or clinics where the baby was treated.

A lawyer should start the process by reviewing the medical records to determine if malpractice was committed. They will then hire experts to prove their case. They will review the records to determine the accepted standards of care in similar circumstances and help determine how negligence in the field contributed to a child's injuries.

If a lawyer has enough evidence, they can submit a demand form to the doctor's or hospital's malpractice insurance. The package includes a declaration detailing how the injury affected the child and the parents, along with the relevant documents and other information. The insurance company can either decide to accept or deny the claim. If the parties cannot agree on an agreement, the case will be tried.

Most medical malpractice cases including birth injuries, end up in court. Many hospitals and doctors avoid a trial to avoid negative publicity as well as the risk 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 advance the costs of pursuing the case. They only pay when they collect money.