Birth Injury Claims

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

Many lawsuits are settled before a verdict is reached. This is faster and less costly than a trial. The legal process can still be complicated. In order to get financial compensation, you must have documentation of the damages you seek.

Medical Records

Parents expect their children to receive top quality medical treatment. However, medical errors can occur during childbirth, leaving babies with severe, permanent injuries. A successful birth injury claim could help victims to be compensated for their emotional, financial and physical harms caused by a doctor's negligence.

Medical records are a crucial part of any malpractice case, and gettysburg birth injury law firm injury claims are no different. A lawyer can utilize medical records of both the mother and baby to prove that the injury was due to an omission by the doctor's duty. A lawyer can use images and printouts from the electronic fetal monitoring, which tracks the heart rate of the fetus throughout pregnancy as well as the birth.

The records of a medical professional's employment and previous complaints can help to show that they have a history of disobeying standards of practice or treating patients with respect. Medical experts can be used by attorneys to prove the claims in the course of a lawsuit.

A successful claim could help families pay for costly treatments such as surgery, medication and therapy. Compensation could cover the family's loss of income when they are unable work, and also their suffering and pain. A lawyer can help the family of a victim show the damages they've sustained so that they are eligible for maximum compensation.

Employment Record of a Medical Professional

If medical professionals fail take reasonable care during the woman's pregnancy, labor, or delivery and result in a birth injury or a birth defect, they could be held liable for their carelessness. A birth injury lawyer can assist find and analyze the evidence needed to prove this claim.

For instance, a complication during delivery may cause a baby to have nerve damage in his or her neck, shoulders, arms and head. This kind of injury could be caused by pulling the baby, or using a tool, such as forceps to overstretch and tear the soft tissues. In such instances, medical professionals are able to examine fetal monitor strips that indicate when the baby was suffering or suffered from a lack of oxygen during labor and birth.

A lawyer might request information on the employer of a doctor who committed negligence in a delivery. This is especially relevant if a doctor was employed by a clinic or hospital and was negligent in the context of his/her job. In such situations, the plaintiff may also sue the hospital as vicarious defendant, in addition to the negligent medical professional.

Midwives in New York who are licensed and trained health professionals that assist in the birth of babies could be identified in a birth injury suit. Under state law when a midwife is aware of a health issue affecting the fetus they must transfer the mother's medical treatmentts to support their case. They will review the records to determine the accepted standards of care in similar situations and determine if medical negligence caused the injuries of a child.

Once an attorney has enough evidence to support a claim they can submit the bundle of documents and information to the insurance company that covers malpractice for the hospital or doctor. This will include a written statement which explains how the accident affects the child and parents, along with the relevant documents and other information. The insurance company can either take or decline the claim. If the parties cannot agree on an agreement, the case will be tried.

Most medical malpractice cases including birth injuries, are settled out of court. In many cases, hospitals and doctors want to stay clear of the negative publicity associated with a trial, as well as the possibility that a jury will be able to award large damages. The legal process also adds to the total cost of a lawsuit, so most families turn to a law firm that can help with the costs of pursuing the case and only be paid if they recover money.