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Birth Injury Claims Birth injury claims cover emotional and physical injuries caused by medical negligence. Compensation awards are decided by a court. Many lawsuits settle before reaching a verdict. This is quicker and less expensive than a trial. However, the legal process can be complicated. The process of obtaining financial compensation requires documentation of the damages you want to claim. Medical Records Parents want their children to receive top quality medical treatment. Unfortunately, medical errors can be made during childbirth, which can leave children with permanent, devastating injuries. A successful birth injury lawsuit can help to compensate victims for their financial, emotional and physical damages caused by a doctor's negligence. Medical records are a crucial aspect of any malpractice lawsuit and birth injuries are no different. Lawyers can make use of medical records of both the mother and baby to prove that the injury was due to an omission by the duty of a doctor. A lawyer can also use imaging studies and printouts from the electronic fetal monitor which shows the fetus' heart rate throughout the pregnancy as well as during the delivery. The medical professional's employment records and prior complaints may help to prove that they have an history of not adhering to guidelines of practice or treating patients with respect. Attorneys can also rely on the testimony of a medical expert to support claims made in the lawsuit. A successful claim may help families pay for expensive treatments like surgery, medication or therapy. Compensation could cover the family's income loss if they are unable to work, as well their suffering and pain. An attorney can help show the full extent of the harm that a victim and their family have suffered, so they can claim the maximum amount of compensation possible. Medical Professional's Employment Record If medical professionals fail take reasonable care during the woman's pregnancy, labor, and delivery and cause birth injuries and a birth injury, they could be held accountable for their negligence. A birth injury lawyer can assist gather and review the evidence needed to prove this claim. For example, a complication during delivery could cause a baby nerve damage in his or her arms, shoulders, neck and head. This type of injury can be caused by pulling the baby, or using a device like forceps that overstretch and tear the soft tissues. In these cases, medical experts could examine fetal monitoring strips that show the time when a baby was in discomfort or was suffering from a lack of oxygen during labor and birth process. A lawyer could request information on the employer of a doctor who has committed malpractice in a delivery. This is important if a doctor was employed by a clinic or hospital and was negligent in the course of employment. In such cases 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 birthing babies in New York, might also be defendants in a birth injury lawsuit. As per state law, when a midwife learns of a concern with the fetus she must transfer the mother's medical treatment to an obstetrician. Expert Witnesses When constructing a birth-related injury claim, lawyers may need to get expert witnesses. birth injury attorney augusta are typically medical professionals who have specialized knowledge in the field they practice. They can analyze evidence, including medical records and depositions from all parties involved in determining if the healthcare provider responsible violated the standard. Expert witnesses can offer valuable insight on causation, which is essential for winning a malpractice claim. Once sufficient evidence has been found, a lawsuit will typically be filed. Your lawyer may file summons and complaint in the county of the incident. The defendants can then file an answer and the parties may then begin discovery. Discovery is a process where attorneys and medical staff are questioned or asked to provide statements under oath concerning what transpired during the birth. It can take several years for a medical malpractice lawsuit to be settled however, the compensation sought by families is vital. A legal lawsuit gives families a sense of justice and financial resources to help meet the needs of their child in the future. It won't make the pain disappear however it will help ease things up a bit. Families will be able to cope with the tragedy better when they get the justice they deserve. Insurance Policies If a medical error resulted in a birth injury parents must file a birth injury claim against the medical professionals responsible. These could include an obstetrician or midwife, as well as nurses, surgeons and other medical professionals. A lawyer should start the process by examining medical records to determine whether malpractice occurred. They should then seek out experts to defend their case. These experts can examine records to determine the accepted standard of medical treatment in similar situations and also help determine the significance of medical negligence in a child's injuries. Once a lawyer is able to provide enough evidence, they can submit an application to the hospital's or doctor's malpractice insurance. This will include a written statement which explains how the accident affects the child and parents, along with relevant documents and other information. The insurer may accept or deny the claim. If the parties aren't able to agree on a settlement, the case will be tried. Most medical malpractice cases are settled out of court, even those that involve birth injuries. The majority of hospitals and doctors want to avoid the negative publicity that comes with a trial, as well as the possibility that a jury could give a large amount of damages. The legal process can add costs to the lawsuit. The majority of families will go to a company that will pay the expenses involved in the case, and will only be compensated if they prevail.