Documenting Medical Records in Birth Injury Cases: Is It Necessary?
Well, when it comes to healthcare, we always expect our doctors to be perfect, especially in cases of life and death. However, they make mistakes since they are humans, like during childbirth, for babies and mothers.
According to recent CDC (Centers for Disease Control and Prevention) reports, every year almost 10,000 birth injury cases occur in the US, which means at least one out of every 300. Although not every case of birth injury happens due to a doctor's fault, a poorly managed birth or a delayed C-section can be considered medical negligence or malpractice. And, here's where a birth injury lawyer comes in to help you obtain the highest possible compensation from the negligent party.
Just make sure you document all the records of the birth injury case and the medical treatment the baby and mother are receiving. Wonder why? Let us tell you.
Why Is Birth Injury Documentation So Important?
In simple words, when you want to hold on to the responsible party like doctors or nurses if any serious injuries happen to the mother due to a mismanaged pregnancy or any medical condition in the baby like cerebral palsy from a delayed C-section, you need to have accurate records of the birth injuries, the medical treatments, and the future medical procedures as solid evidence. Documenting these records will help your Brooklyn birth injury lawyer to ensure a successful lawsuit. Or else, there are chances of receiving a lower compensation amount or even a claim denial.
Here’s how documenting your birth injury records will help you in the lawsuit:
Tracking medical expenses
Birth injuries involve both immediate medical care and follow-up treatments. Documenting all the records and associated medical costs will help you receive the highest possible compensation from the negligible party. So, always keep all the bills, receipts, and documents related to medical appointments.
Determining the extent of injury
Birth injury documentation immediately after it occurs is important to obtain rock-solid proof, even if it’s so obvious. Documenting these records will provide evidence against medical malpractice, including the injury and its extent that impacts physical effects on the baby or mother for the long term, as well as the medical costs.
Showing the required evidence in court
Suppose you are filing a birth injury lawsuit with the help of an efficient and experienced birth injury lawyer in Brooklyn. You need sufficient evidence of the damage due to medical negligence to provide in court. Without any medical proof, your claims will be rejected. Documenting your birth injury case and the costs associated with it will strengthen your claims to get the compensation you deserve from the negligent party.
Settlement negotiations
Documentation of your birth injury case allows you to get a fair settlement from the responsible party and facilitate negotiation. However, you may not receive sufficient compensation for the damage if your birth injury lawyer fails to provide proper medical documentation. Here are the types of medical evidence you need to gather for documentation for a birth injury lawsuit:
- Medical records
- Medical bills
- Record of injury to the mother or the baby
- Prescription records
- Expert testimony
- Photographic evidence of injury
In Conclusion
Medical documentation serves as absolute evidence in birth injury lawsuits. However, gathering them isn’t easy. And, if you need legal guidance regarding this or an expert to file a birth injury lawsuit to obtain the highest possible compensation, we can help. At Braude Injury Lawyers, we will find you the best birth injury lawyers in NYC for your case, whether it be a serious injury to the mother or cerebral palsy in the baby from a mismanaged pregnancy or delayed C-section.
Call us now for a free consultation!
Can a Birth Injury Be Considered Medical Malpractice? Busted Truth!
Parenthood is the best experience in life for any couple. However, this joyous moment can be unfortunate sometimes when your newborn experiences complications, leading to a childbirth injury.
Sometimes, a birth injury happens accidentally, while it can be the result of the negligence of a healthcare professional. If the latter is the case, you can call it medical malpractice, where you can claim compensation from the medical professional.
But, before that, you need to understand when a birth injury can be considered medical malpractice. Let’s begin.
When Can a Birth Injury be a Medical Malpractice?
Generally, medical malpractice is considered a personal injury claim, where the mother or child is injured due to the negligence of the healthcare professional. According to a recent study, at least two hundred thousand people die every year in the United States due to medical errors. In such cases, the sufferer's family can claim compensation based on medical malpractice with the help of a professional birth injury lawyer./p>
However, when it comes to birth injuries, not every case is medical malpractice. A birth injury becomes medical malpractice when the healthcare professional is responsible for the injury due to his or her negligence. Here are four scenarios:
- When the healthcare professional doesn’t do anything when they should
- When a medical professional prescribes the wrong medicines
- When a surgeon handles the baby roughly after birth, leading to injury
- When doctors fail to diagnose a disease or condition, like a mother's high blood pressure, performing a cesarean section, monitoring the baby's heart rate, etc.
But, how do you prove if the birth injury is medical malpractice?
Well, to ensure a successful claim, you have to meet these four aspects of negligence, such as:
Breach
You have to show that healthcare professionals have provided unsatisfactory care and breached their duty, like failing to give the right medication to the mother or child or overlooking the need to provide treatment when needed.
Duty of care
Every healthcare professional has to follow their duty of care. So, you have to show that you and the newborn were the patients of the very doctor against whom you are claiming medical malpractice. The best way to prove it is by showing the medical records of that healthcare provider.
Injury
You must have evidence that your infant has suffered from a birth injury due to the breach of duty of care of the medical professional with whom your newborn was under treatment. In this case, you can show the financial statements and medical invoices as evidence of the financial distress you have undergone.
Causation
To prove your healthcare provider’s breach of duty of care, your newborn’s birth injury must be connected to the professional’s negligence, like failing to monitor your child’s heart rate or diagnose the condition.
So, who can you sue for such medical malpractice cases regarding birth injuries?
Any healthcare professional who breaches their duty of care and shows negligence in diagnosing, caring for, or treating a newborn or mother, including doctors, nurses, surgeons, pharmacists, and technicians.
Types of birth Injuries
Here are the kinds of birth injuries that happen due to the negligence of healthcare professionals toward the newborn, including:
- Cerebral Palsy
- Dislocated shoulder
- Fetal distress
- Brain damage
- Newborn jaundice
- Umbilical cord strangulation
- Skull fracture
- Wrongful death
For mothers, blood loss, chronic pain, and vaginal or post-traumatic stress are serious injuries that happen due to healthcare provider’s negligence.
Need Help with a Medical Malpractice Claim?
At Find Injury Law, we can help. We can help injured newborns and their parents get the best birth injury lawyers in Brooklyn for their cases so they can have the highest possible financial compensation. Reach out to us today or call us now for a free consultation!