Birth Injury Claims

Birth injury claims cover both emotional and physical harms caused by medical negligence. Compensation awards are determined by a court.

Many lawsuits are settled before a final decision is reached. This is faster and less expensive than an actual trial in a courtroom. However, the legal process can be complex. Documentation of damages is required for obtaining financial compensation.

Medical Records

Parents naturally expect top-quality medical treatment for their children. But, medical errors may occur during childbirth, resulting in babies with irreparable injuries. A successful birth injury case will compensate victims for the emotional, financial physical and psychological harm they've suffered because of the negligence of a doctor.

Medical records are an essential element of any malpractice case and birth injuries are not an exception. A lawyer can utilize medical documents of both the mother and the baby to prove that the injury was caused by an error in the duty of a doctor. A lawyer can also use images studies and printouts of the electronic fetal monitor which displays the fetus's heart rate throughout the pregnancy and delivery.

The employment records of the medical professional as well as prior complaints may be used to prove that they did not adhere to the standards of practice or treated patients with respect. Attorneys can also rely on the testimony of a medical expert to support claims made in the lawsuit.

A successful claim can assist families with the cost of procedures like surgery, medications and therapy. Compensation could cover the loss of income for the family in the event that they are unable to work, as well their suffering and pain. An attorney can help the family of a victim prove all the damages they have suffered so that they are able to claim the highest compensation.

Medical Professionals' Employment Record

If medical professionals fail to exercise reasonable care during the pregnancy, labor, or delivery and result in birth injuries the medical professional could be held accountable for their carelessness. A birth injury lawyer can help to gather and analyze the evidence needed to prove this claim.

A birth-related complication could cause nerve damage to a baby's arms, shoulders, head, and neck. This type of injury could be caused by pulling or using a tool like forceps that overstretches and tears the baby's soft tissues. In these instances medical professionals can look at fetal monitoring strips that show when a baby went into trouble or was suffering from the lack of oxygen during birth and labor process.

A lawyer might also request information regarding the employer of an individual doctor who committed malpractice in a delivery. This is particularly relevant if the doctor was employed by a hospital or clinic and was negligent in the scope of his/her employment. In such instances the plaintiff can sue the hospital as a vicarious defendant as well as to the medical professional who was negligent.

Midwives in New York who are licensed and certified health professionals who assist in the delivery of babies could also be named in a birth injuries suit. Under state law when a midwife learns of a health issue affecting the fetus they must transfer the mother's medical needs to an Obstetrician.

Expert Witnesses

Expert witnesses are typically required by an attorney to support claims for birth injuries. These individuals are typically medical professionals with expertise of the area in which they practice. They can review the evidence in a case, which includes medical records and depositions taken from all involved providers to determine if the at-fault provider of healthcare did not meet the standard of care. Expert witnesses can offer valuable insight on causation, which is essential to win a malpractice lawsuit.

A lawsuit is typically filed after sufficient evidence has been collected. Your lawyer will issue summons and complaint in the county in which the injury occurred. The defendants then have the option of filing an answer and the parties can begin discovery. Discovery involves a process in which medical staff and attorneys can be deposed, or required to make statements under oath about what happened during the delivery.

A medical malpractice case can take a long time to reach a conclusion however, it is essential for families who are seeking compensation. A legal claim can give families an appreciation of justice as well as the financial resources to care for the future needs of their child. It will not make the pain disappear but it can make things easier. Getting the justice they are due will help families deal with the tragedy and move forward.

Insurance Policies

If a medical mistake resulted in birth injuries parents must make a claim for birth injuries against the medical professionals responsible. This could include an obstetrician, or midwife as well as surgeons, nurses and other medical professionals.

A lawyer should start the process by going through medical records to determine whether malpractice occurred. They should then seek out experts to support their case. They will be able to review the documents to determine the accepted standard of medical treatment in similar situations, and help establish the significance of medical negligence in a child's injuries.

If an attorney has the evidence to support a claim, they can present the set of information and documents to the malpractice insurance company for the hospital or doctor. The package includes a statement describing how the injury has affected the child as well as the parents, along with the relevant documents and other details. The insurance company can either decide to accept or decline the request. If the parties aren't able to agree on a settlement, the case will be heard at trial.

Most medical malpractice cases including those involving birth injuries, settle without trial. Many hospitals and doctors opt out of a trial to avoid negative publicity as well the possibility of a jury awarding high damages. The legal process can make it more expensive to pursue an action. The majority of families will go to a company that will pay the expenses associated with the case, and will only be paid if they are successful.