What evidence you need to file an oxygen deprivation claim will depend on the specific details of your child’s birth injury and diagnosed complications. This will likely center on their medical records and related documents and the opinion of a qualified medical expert.
Deprivation of oxygen birth injuries and other malpractice injuries occur because of medical negligence. To hold the doctor or hospital responsible for your child’s injuries, you will need to show that medical negligence occurred and resulted in their oxygen deprivation, complications, delays, and disabilities. There are four elements you must prove to move forward with an oxygen deprivation claim. This includes:
- The accused party had a specific duty or obligation to carry out a particular task.
- They did not uphold this obligation, meaning they failed to provide the acceptable standard of care for your child.
- Their failure caused your baby’s oxygen deprivation or failed to protect them from preventable birth injuries.
- Your child’s experience led to financial losses in addition to your child’s physical and emotional injuries.
You should consult with a birth injury attorney in your state familiar with these types of cases before taking any action on your own. Each state has strict rules about the evidence that must be presented before you can move forward with a legal claim or civil lawsuit.
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Testimony from Medical Experts Plays a Key Role in Proving Oxygen Deprivation Cases
It takes years of education and training to become a doctor and learn how to provide the proper standard of care for every patient. For this reason, medical malpractice cases rely on medical experts to prove negligence occurred. Most states require another doctor to participate in the case at some point in the process.
Because these laws vary widely from state to state, you will need a law firm that regularly handles malpractice cases in your state. They are in the best position to help you understand the role of a medical expert or multiple experts in your child’s birth injury case. For example:
- Under NY Civil Practice Law & Rules (CVP) § 3012-A, birth injury attorneys in New York must consult an expert and ensure they believe a case exists.
- Under NJ Rev Stat § 2A:53A-27, malpractice attorneys in New Jersey must submit a sworn statement from a medical expert that affirms the case is valid.
In addition to fulfilling these roles, the medical expert in your case can:
- Explain the mechanism of your child’s oxygen deprivation and injuries
- Identify who is at fault in the case.
- Help the court understand your child’s prognosis and future needs.
- Answer relevant questions related to your child’s injury or medical status.
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Compiling Evidence to Support Oxygen Deprivation Claims
When considering what evidence you need to file an oxygen deprivation claim, there are also other types of proof that your attorney will need to gather to support the medical expert witness’s testimony. This could include:
- Your child’s relevant medical records and all related documentation
- Records related to the monitoring of the pregnancy, labor, and delivery
- Documentation of your child’s long-term injuries, delays, and disabilities
- Your child’s treatment plan
- Evidence of your family’s related expenses to date and documentation of projected future needs to provide for your child’s treatment and care.
You May Be Able to Recover Compensation for Your Child’s Treatment and Care
If the evidence exists to prove your child’s injury was the result of medical negligence, your attorney will compile a case to prove malpractice occurred and document your child’s prognosis, current and future medical needs, and related care costs. They will also consider expenses related to their medical condition, such as wheelchairs or walkers for children with cerebral palsy or hearing aids for children with hearing loss.
Your lawyer will place a fair settlement value on your oxygen deprivation claim with help from the medical expert assisting with your case or other experts they may enlist. Then, they will attempt to negotiate a settlement before going to court or present evidence to demonstrate your case’s value in court.
Recoverable damages may include:
- Current and future treatment and related costs
- All prescribed therapies
- Ongoing care and support needs
- Lost wages from time you missed at work
- Medical devices and other resources
- Out-of-pocket costs
- Pain and suffering your child endured.
- Other tangible and intangible losses
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Discuss Your Oxygen Deprivation Claim with Our Office for Free Today
If you want to learn more or are ready to get started today, contact the Birth Injury Lawyers Group. We will review your case at no cost to you. We can help you understand your case’s strength and the malpractice laws that apply based on your location. During your consultation, we can discuss your child’s injuries, cause of injuries, and the prognosis and treatment.
You can receive help today by calling (800) 222-9529.