Birth Injury Claims

A birth injury lawsuit covers both emotional and physical injuries resulting from medical negligence. Compensation awards are made by a judge.

Many lawsuits settle before reaching a trial decision. This is quicker and less costly than a trial. The legal process is complicated. Obtaining financial compensation requires documentation of the damages you wish to claim.

Medical Records

Parents expect their children to receive high-quality medical treatment. But, medical errors may occur during childbirth, resulting in babies with devastating, permanent injuries. A successful birth injury lawsuit can compensate victims for the emotional, financial, and physical damages they've suffered due to a doctor's negligence.

Medical records are a critical part of any medical malpractice case, including a birth injury claim. Lawyers can use medical records of the mother and baby to prove that the harm was caused by negligence by the medical professional's duty of care. A lawyer could also use imaging studies and printouts from the electronic fetal monitor, which shows the fetus's heart rate throughout the pregnancy and delivery.

The medical professional's records of employment and prior complaints may help to prove that they have a history of disobeying guidelines of practice or treating patients with respect. Medical experts can be utilized by an attorney to support the claims in a lawsuit.

A successful claim can aid families in paying for costly procedures like surgery, medications and therapy. Compensation may cover the loss in income of the family if they are unable to work, in addition to their suffering and pain. A lawyer can assist to show the full extent of the harm that the victim and their family members have suffered so that they can claim the maximum amount of compensation they can receive.

Medical Professional's Employment Records

Medical professionals who fail to exercise reasonable caution during a woman's delivery, labor or pregnancy and result in birth injuries can be held responsible for their negligent actions. A birth injury lawyer can help to gather and analyze the evidence needed to prove this type of claim.

For instance, a complication during delivery may cause a baby to suffer 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 is stretched too much and tears the infant's soft tissues. In such cases medical experts can look at fetal monitors which show when the baby was suffering or had a lack of oxygen during labor and delivery.

A lawyer could also request information about the employer of a medical professional who was negligent during the course of delivering. This is particularly relevant when the doctor was employed by a clinic or hospital and was negligent within the context of their job. 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 who assist in the birth of babies may also be included in a birth injury suit. Under state law when a midwife learns of a health issue affecting the fetus she must transfer the mother's medical needs to an Obstetrician.

Expert Witnesses

When building a birth injury attorney injury claim, lawyers may need to get experts to testify. They are typically medical professionals with specific knowledge of the field in which they practice. They can examine evidence, including medical documents and depositions of the various parties involved to determine whether the healthcare provider at fault has violated the law. Expert witnesses can also provide valuable insight into causation, which is necessary to win a medical malpractice lawsuit.

If enough evidence is collected, a lawsuit will generally be filed. Your lawyer may submit a summons and a complaint with the courts of the county where the injury occurred. The defendants then have the option of filing an answer and the parties are able to begin discovery. Discovery is a process through which medical staff and attorneys can be deposed or required to make statements under oath about the events that occurred 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 claim gives families a sense justice and financial resources to meet their child's needs in the future. Although it will not erase the pain, it could help to ease the burden. Families will be able to cope with the tragedy better should they be granted the justice they deserve.

Insurance Policies

Parents should file a claim for birth injuries if a medical error led to a birth defect. They could include an obstetrician surgeons, nurses or midwives, hospitals or clinics where the baby was treated.

An attorney should begin by looking over medical records to determine if malpractice occurred. They should then engage experts to testify on behalf of their case. These individuals can review the documents to determine the standard of care that is accepted in similar circumstances and help determine how negligence in the field contributed to a child's injuries.

Once an attorney has sufficient evidence to support their claim, they can submit the bundle of documents and information to the malpractice insurance firm for a doctor or hospital. This will include a written statement which explains how the accident affects the parents and the child, along with the relevant documents and details. The insurer is able to accept or decline the claim. If the parties can't reach an agreement on a settlement, the case will be ruled.

The majority of medical malpractice cases including cases involving birth injuries settle without trial. Many doctors and hospitals avoid trials to avoid negative publicity, as well the possibility of a juror awarding huge damages. The legal process can also add costs to the lawsuit. Many families will turn to a company that will pay for the costs involved in taking on a case, but will only be paid if they succeed.