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Birth Injury Claims Birth injury claims cover emotional and physical injuries caused by medical negligence A judge decides the amount of compensation Many lawsuits are settled before a final decision is reached This is more efficient and less costly than a trial The legal process can be complex The process of obtaining financial compensation requires documentation of the damages you are seeking Medical Records Parents expect their children to receive topquality medical treatment Unfortunately medical errors often occur during childbirth and leave babies with lasting devastating injuries A successful birth injury lawsuit will compensate victims for the emotional financial physical and emotional injuries theyve suffered because of negligence by a doctor Medical records are a critical part of any medical malpractice case including a birth injury case A lawyer can use the mothers and babys medical records to show that the injury was the result of an infringement of the medical professionals duty of care Lawyers can also make use of studies that show images and printouts from the electronic fetal monitor which shows the fetuss heartbeat throughout the pregnancy and birth The records of the employment of the medical professional and any complaints in the past can be used to show that they have not abided by the rules of practice or treated patients with respect Medical experts can also be utilized by a lawyer to back the assertions in the course of a lawsuit A successful claim can help families pay for expensive treatment like surgery medication or therapy Compensation can also cover the familys loss of income if they can no longer work as well as their suffering and pain An attorney can help demonstrate all of the damages which a victim and their family have suffered ensuring they are entitled to the maximum amount of compensation they can receive Employment Record of a Medical Professional If medical professionals fail to exercise reasonable care during the pregnancy labor or delivery and cause a birth injury the medical professional could be held liable for their carelessness The proof of this type of claim requires the right kinds of evidence which a seasoned birth injury attorney can help clients gather and examine For instance a problem during birth could cause a baby to have nerve damage to his or her neck shoulders arms and head This type of injury could be caused by pulling or using an instrument like forceps which overstretches and tears babys soft tissues In such instances medical professionals could look into the fetal monitor strips that indicate the time a baby was in distress or was suffering from a lack of oxygen during the birthing and labor process A lawyer may request information on the employer of an individual doctor who committed error in the delivery This is important if a doctor was employed by a clinic or hospital and acted negligently within the course of employment In these cases a plaintiff might pursue the hospital for vicarious responsibility in addition to the medical professional who acted negligently birth injury law firm deerfield beach in New York who are licensed and certified health professionals who assist in the delivery of babies may also be named in a birth injury suit If they notice a problem with the fetus theyre legally required to refer the mothers care to an obstetrician according to state law Expert Witnesses In the case of a birth injury claim attorneys will typically need to get experts witnesses They are typically medical professionals who have specific knowledge of the field they practice They can analyze the evidence in a case including medical records and depositions of all the involved providers to help establish whether the atfault provider of healthcare breached the standards of care Expert witnesses can also provide valuable insights into causation which is necessary to be successful in a medical malpractice case If enough evidence is established a lawsuit will generally be filed The lawyer will file summons and a complaint in the county of the injury The defendants then have the option of filing an answer and the parties are able to begin discovery Discovery is the process in which attorneys and medical staff are deposed or asked take oaths to provide evidence about what happened during the process of delivery It can take years for a medical malpractice lawsuit to be settled and the amount of compensation demanded by families is crucial A legal case can give families an understanding of justice and the financial resources to provide for their childs future needs While it wont take away the pain it can make things a little more manageable Receiving the justice they need will help families cope with the tragedy and move on Insurance Policies Parents must make a claim for birth injuries if a medical error caused a birth defect They could include an obstetrician nurses surgeons or midwives hospitals or clinics where the baby was treated Lawyers should begin the process by reviewing the medical records to assess whether malpractice occurred They should then seek out experts to support their case They can look over documents to determine the acceptable standard of medical care in similar situations and also help determine the role that medical negligence played in the childs injuries Once a lawyer has enough evidence and evidence they can send a demand form to the hospitals or doctors malpractice insurer The demand package contains a statement detailing how the injury affected the child and parents as well as the relevant documents and other details The insurer is able to accept or decline the claim If the parties arent able on a settlement the case will be heard at trial Most medical malpractice cases including cases involving birth injuries are settled out of court The majority of hospitals and doctors want to stay clear of the negative publicity associated with a trial as well as the possibility that juries will give a large amount of damages The legal process also adds to the overall cost of a lawsuit which is why many families choose a law firm that can advance the costs of pursuing the case and only pay when they get money