Birth Injury Claims

A birth injury claim can cover both the physical and emotional injuries that result from medical negligence. Compensation awards are decided by a judge.

Many lawsuits are settled before a decision is reached. This is more efficient and less expensive than an actual court trial. However, the legal process can be complex. Documentation of damages is required to receive financial compensation.

Medical Records

Parents naturally expect top-quality medical treatment for their children. Unfortunately, medical errors often occur during childbirth, which leave babies with lasting, devastating injuries. A successful birth injury lawsuit can help to compensate victims for their financial, emotional and physical damages caused by a doctor's negligence.

Medical records are an essential element of any medical malpractice lawsuit, including a birth injury claim. Lawyers can make use of medical records of both the mother and the child to prove that the injury was the result of an error in the duty of a doctor. A lawyer can use the images and printouts from the electronic fetal monitor, which records the heart rate of the fetus throughout pregnancy as well as the delivery.

The documents of employment for the medical professional and any prior complaints could be used to demonstrate that they did not adhere to the standards of practice or treated patients with respect. A medical expert can also be utilized by attorneys to prove the allegations in the course of a lawsuit.

A successful claim could assist families with the cost of procedures like surgery, medications and therapy. Compensation could cover the family's income loss if they are unable to work, in addition to their suffering and pain. A lawyer can assist a victim and his family demonstrate the extent of the damage they've suffered, so they are eligible for maximum compensation.

Medical Professional's Employment Records

Medical professionals fail to perform reasonable care during the course of a woman's pregnancy or labor and delivery and result in a birth injury the medical professional could be held liable for their negligence. The process of proving this claim requires the appropriate types of evidence, which an experienced birth injury lawyer can help clients gather and analyze.

For instance, a problem during birth can result in a baby suffering nerve damage in his or her arms, shoulders, neck and head. This kind of injury could be caused by pulling the baby, or using a tool such as forceps that overstretch and tear the soft tissues. In such cases medical experts may examine fetal monitor strips which indicate if the baby was suffering or was deficient in oxygen during labor and birth.

A lawyer can request information on the employer of the doctor who was found guilty of negligence in a delivery. This is relevant if a doctor was employed by a clinic or birth injury hospital and was negligent in the course of employment. In such situations, 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 delivery of babies could also be named in a birth injury law firm injuries suit. Under state law when a midwife learns of a concern with the fetus she must transfer the mother's medical needs to an obstetrician.

Expert Witnesses

When building a birth injury claim, lawyers will often need to get experts to testify. They are usually medical professionals who have specialized knowledge of the field in which they practice. They can examine the evidence in a particular case, including medical records and depositions of all of the parties involved, to help establish whether the healthcare provider at fault violated the standards of care. Expert witnesses can provide valuable information on the causation issue, which is crucial to win a malpractice case.

After sufficient evidence has been found, a lawsuit will typically be filed. The lawyer will make a summons and complaint with the courts of the county where the injury occurred. The defendants are then able to file an answer and the parties can begin discovery. Discovery is the process in which medical and legal professionals are deposed or asked make statements under oath about the events that occurred during the delivery.

A medical malpractice lawsuit could take a long time to resolve but it's essential for families who are seeking compensation. A legal case gives families a sense of justice and financial resources to help meet the needs of their child in the future. Although it will not erase the hurt, it can make things a little easier. Families will be able manage the tragedy better if they receive the justice they deserve.

Insurance Policies

Parents must make a claim for birth injuries if a medical error led to a birth defect. This could include an obstetrician and midwife in addition to surgeons, nurses, and other medical professionals.

An attorney should begin the process by reviewing medical records in order to determine if any malpractice occurred. They should then engage experts to assist in proving their case. They will review the records to determine the standard of care that is accepted in similar situations and determine how negligence in the field caused the injuries of a child.

If a lawyer has enough evidence, they can submit a demand package to the doctor's or Birth Injury hospital's malpractice insurance. This includes a statement that explains how the incident affects the child and parents, as well with all relevant documents and other information. The insurer is able to take or deny the claim. If the parties can't agree on a settlement then the case will be tried.

Most medical malpractice cases, including those involving birth injuries settle out of court. Often doctors and hospitals want to avoid the negative publicity of a trial, and the possibility that a juror will decide to award substantial damages. The legal process also adds to the total cost of a lawsuit so most families turn to an attorney who will help with the costs of pursuing the case. They only be paid if they recover money.