Birth Injury Claims

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

Many lawsuits settle before reaching a trial decision. This is quicker and less costly than a trial. The legal procedure is complex. Documentation of damages is required to receive financial compensation.

Medical Records

Parents naturally expect top-quality medical treatment for their children. However, medical mistakes can occur during childbirth, resulting in babies with devastating, permanent injuries. A successful birth injury claim can aid in redressing victims for their emotional, financial and physical harms caused by a doctor's negligence.

Medical records are an essential element in any malpractice case, and birth injury claims are no different. Lawyers can make use of the mother's and baby's medical records to prove that the harm was the result of negligence by the physician's duty to care. Lawyers can also make use of studies that show images and printouts from the electronic fetal monitor, which displays the fetus' heart rate throughout the pregnancy and during delivery.

The records of the employment of the medical professional, as well as any previous complaints can be used to show that they have not followed standards of practice or treated patients with respect. Attorneys can also rely on a medical expert's testimony to prove the claims made in the lawsuit.

A successful claim can assist families with the cost of treatments such as surgery, medication and therapy. Compensation may cover the loss in income of the family in the event of their inability to work, as well their suffering and pain. An attorney can help the victim and his family show the damages they've sustained so that they can receive the maximum compensation.

Medical Professionals' Employment Record

When medical professionals fail to take reasonable care during the course of a woman's pregnancy or labor, or delivery and result in a birth injury the medical professional could be held accountable for their negligence. To prove this kind of claim requires certain types of evidence, which an experienced birth injury lawyer can help clients gather and review.

A birth-related issue could cause nerve damage to baby's shoulders, arms, head, and neck. This kind of injury may be caused by pulling the baby or using a tool like forceps, which overstretch and birth injury break the soft tissues. In such instances medical professionals can look at fetal monitoring strips that show the time when a baby was in distress or suffered from lack of oxygen during birth and labor process.

A lawyer can request information on the employer of the doctor who was found guilty of error in the delivery. This is particularly relevant if the doctor was employed by a clinic or hospital and was negligent in the course of employment. In such cases, the plaintiff may also sue the hospital as vicarious defendant in addition to the medical professional who was negligent.

Midwives in New York who are licensed and trained health professionals that assist in the birth of babies may also be identified in a birth injury suit. In accordance with state law, when a midwife is aware of a concern with the fetus they must transfer the mother's medical care to an obstetrician.

Expert Witnesses

Expert witnesses are often required by an attorney to support a claim for birth injury. These are usually medical professionals who have specialized knowledge of the field they practice. They can review the evidence in a case, such as medical records and depositions taken from all involved providers, to help establish whether the at-fault provider of healthcare breached the standards of care. Expert witnesses can also provide valuable insights into causation, which is essential to win a medical malpractice case.

Once sufficient evidence has been established, a lawsuit will typically be filed. Your lawyer may file summons and complaint in the county of the injury. The defendants can then file an answer, and the parties can begin discovery. Discovery involves a procedure in which attorneys and medical staff can be deposed or asked to provide statements under oath regarding what transpired during the delivery.

It can take many years for a medical negligence lawsuit to be resolved however, the compensation sought by families is vital. A legal case can provide families with a sense and financial resources to meet their child's needs in the future. While it won't take away the hurt, it can help to ease the burden. Families will be able cope with the tragedy better should they be granted the justice that they deserve.

Insurance Policies

Parents should make a claim for birth injury if medical error led to a birth defect. This may include an obstetrician or midwife and surgeons, nurses and other medical professionals.

An attorney will begin by reviewing medical records to determine if any malpractice occurred. They should then seek out experts to assist in proving their case. These individuals can review the records to establish the accepted standards of care in similar situations and determine the extent to which 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 doctor or hospital. The package includes a statement of how the injury affected the child and parents, along with the relevant documents and other details. The insurer can either take or decline the claim. If the parties are unable to agree on a settlement then the case will be heard.

Most medical malpractice cases, including birth injuries, are settled out of court. In many cases, hospitals and doctors want to avoid the negative publicity of a trial, as well as the possibility that a jury could decide to award substantial damages. The legal process also adds to the overall cost of a lawsuit, which is why many families choose a law firm that will help with the costs of pursuing the case. They only be paid when they get money.