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 court.

Many lawsuits settle before reaching a decision. This is less costly and quicker than the trial in a courtroom. The legal process is complex. The documentation of damages is needed to receive financial compensation.

Medical Records

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

Medical records are a crucial element in any malpractice case and birth injuries are not any different. Lawyers can use medical records of the mother and baby to show that the injury resulted from a breach of the medical professional's duty of care. Lawyers can also make use of images studies and printouts of the electronic fetal monitor, which tracks the fetus's heart rate throughout the pregnancy and during delivery.

The records of the employment of the medical professional, as well as any prior complaints may be used to prove that they have not abided by the rules of practice or treated patients with respect. An attorney may also rely on the testimony of a medical expert to support the claims made in the lawsuit.

A successful claim can help families pay for costly treatments such as surgery, medication and therapy. Compensation may also cover the family's income loss if they can no longer work, as well as their suffering and pain. A lawyer can help the family of a victim to prove the damages they've sustained so that they are eligible for the most compensation.

Medical Professionals Employment Records

Medical professionals who fail to exercise reasonable care during birth, labor or pregnancy and result in birth injuries could be held accountable for their negligence. The proof of this type of claim requires the right types of evidence, which a seasoned birth injury Law Firms injury attorney can help clients collect and review.

For example, a complication during birth could cause a baby to have nerve injuries to his or her arms, shoulders, neck and head. This type of injury can be caused by pulling or the use of forceps, a tool that causes excessive stretching and tear of the baby's soft tissues. In these instances medical professionals could look into the fetal monitoring strips which show the time a baby was in discomfort or was suffering from a lack of oxygen during the labor and birth process.

A lawyer might also request details about the employer of the medical professional who committed a mistake during an delivery. This is especially relevant when the doctor was employed by a clinic or hospital and acted negligently within the confines of their job. In such situations the plaintiff could also sue the hospital as vicarious defendant, 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. If they become aware of an issue with the fetus they are required to transfer the mother's medical care to an obstetrician under the state law.

Expert Witnesses

When building a birth injury claim, lawyers is often required to bring in expert witnesses. These individuals are typically medical professionals who have specialized knowledge of the area in which they practice. They can analyze the evidence in a case, including medical records and depositions from all the providers involved, to help establish whether the at-fault healthcare provider violated the standard of care. Expert witnesses can also provide valuable insight into causation - which is necessary to be successful in a medical malpractice case.

When enough evidence has been found, a lawsuit will generally be filed. Your lawyer can issue summons and complaint in the county of the incident. The defendants will then be given the opportunity to file an answer and the parties will be able to start discovery. Discovery is a process during which medical staff and attorneys can be deposed or asked to make statements under oath, about what happened during the delivery.

It can take several years for a medical malpractice lawsuit to be settled and the amount of compensation demanded by families is essential. A legal lawsuit can give families an appreciation of justice as well as the financial resources needed to pay for the future needs of their child. While it's not going away the pain, it could make things a little easier. Families will be able manage the tragedy better when they get the justice they deserve.

Insurance Policies

Parents should file a claim to cover birth injury if medical error caused a birth defect. They could include an obstetrician or surgeon, nurses or midwives, as well as hospitals or clinics where the baby was treated.

An attorney should begin by reviewing medical records in order to determine if malpractice has occurred. They then need to hire experts to testify on behalf of their claim. These individuals can review the records to determine the accepted standards of care in similar situations and determine if medical negligence caused the injuries of a child.

If a lawyer has enough evidence they can then submit an order to the doctor's or hospital's malpractice insurer. The package includes a statement that explains how the accident affected the child and the parents, along with the relevant documents and other information. The insurer can take or decline the claim. If the parties can't agree on a settlement, the case will go to trial.

Most medical malpractice cases including those involving birth injury lawsuits injuries settle out of court. A lot of hospitals and doctors stay clear of trials to avoid negative publicity, and also the possibility of a juror awarding huge damages. The legal process can add costs to a lawsuit. The majority of families will go to a company which will cover the costs associated with pursuing a case and only pay if they prevail.