The idea of figuring out what evidence you need to file an oxygen deprivation claim may seem daunting while you are dealing with the aftermath of your child’s injuries, but you don’t have to face challenges alone.
A birth injury firm can hire medical experts to obtain the permissible evidence needed to file an oxygen deprivation claim against the medical facility responsible for your child’s injuries. To proceed with an oxygen deprivation claim, the state requires that your evidence show these four factors:
- 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 an 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.
Birth injuries caused by oxygen deprivation and other malpractice injuries occur as a result of medical carelessness. To hold the doctor or hospital liable for your child’s injuries, learn what is required for a medical malpractice lawsuit or consult with a birth injury attorney in your state before taking any action on your own.
- How Quickly Do I Need To Submit Evidence For a Birth Injury Claim?
- What Evidence is Used To Prove Fault in Oxygen Deprivation Cases?
- What Type of Compensation Is Recoverable in an Oxygen Deprivation Lawsuit?
- Discuss Your Oxygen Deprivation Claim With Our Medical Malpractice Lawyers For Free
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The first step in filing a birth injury claim is to consult with an attorney who has handled birth injury claims in the past. An attorney will ask for medical records during the initial consultation because these cases are extremely complicated. The faster that you obtain medical records as evidence, the better.
If you don’t have them, your lawyer can help you obtain them. You may usually obtain copies of your medical records by filing a written request or filling out a form. You can pick up the form and request your records in the medical office, or you can request that it be mailed to you or the birth injury form representing your claim.
Getting an early start on this portion of the legal procedure will allow you to file your claim before the statute of limitations passes and could possibly expedite your settlement package.
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To establish liability for your child’s injuries, you must show that medical negligence occurred, resulting in oxygen deprivation and leading to difficulties, delays, and disabilities. A medical negligence attorney will use the following as evidence in your oxygen deprivation claim:
Medical records will be filed as primary evidence to show cause and damages in your oxygen deprivation case. In order to meet legal requirements, the child’s relevant medical records, injuries, delays, and disabilities must be documented. The treatment plan as well as any records related to the pregnancy, labor, and delivery must be included.
Billing receipts of related expenses to date and documentation of projected future needs to provide for your child’s treatment and care can also be included.
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.
If the evidence exists to prove your child’s injury was the result of medical negligence, your attorney will request recoverable expenses related to your child’s prognosis that cover current and future medical needs. Monetary compensation for wheelchairs or walkers for children with cerebral palsy, or hearing aids for children with hearing loss will also be submitted.
Your lawyer will determine a fair settlement value for your oxygen deprivation claim with the assistance of the medical expert assigned to your case and any additional experts they may retain, such as financial advisors. Then, before coming to court, they will try to reach an agreement or offer evidence to prove the merit of your case. 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
If there are additional expenses that your family has incurred related to your claim, keeping receipts to submit to your attorney will ensure that you are reimbursed within the awarded amount of your settlement.
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The Birth Injury Law Group exists to help parents pursue justice and monetary compensation for the trauma experienced during labor and childbirth. A free case evaluation session is available with one of our birth injury lawyers when you are ready to pursue legal action against the medical facility responsible for your child’s injuries.
During your appointment, we may go over your child’s injuries, the source of the injuries, the prognosis, and treatment options to ensure that you have the legally required evidence needed to file an oxygen deprivation claim. Our attorneys will help you understand the strength of your case as well as the malpractice statutes that apply in your area.