In Indiana, parents have the right to file a legal claim if their baby is injured during labor and delivery. The method chosen for the delivery could affect the child and cause serious injuries. A birth injury claim is a type of medical malpractice claim that allows action against negligent obstetricians. A Birth Injury Attorney in Bloomington helps the parents of injured babies seek compensation.
Identifying the Source of the Injury
The medical records associated with the baby’s birth define the source of the injury. A full account of what happened during the delivery is presented in these medical files. The attorney must assess the records to determine the exact action of the doctor that produced the child’s injuries.
Reviewing Protocol for Labor and Delivery
The protocol used during labor and delivery must be followed by all doctors. This includes any strategies that are necessary to lower the risk of injuries. Each procedure used for delivering infants is defined in the hospital regulations and potential state medical laws. The mother must be presented with any risks associated with the delivery method before it is performed.
Assessing the Training of the Doctor
The attorney assesses the training programs completed by the defendant. This information must show that they were qualified by state laws to deliver infants. If they weren’t, the hospital is liable for any injuries produced during the delivery. The hospital is liable due to the fact they allowed an improperly trained doctor deliver the child in the first place.
Medical Witnesses for the Case
A medical witness is a doctor that has the same credentials as the defendant in most cases. However, if the defendant lacked proper training, the medical witness may possess a higher skill level. The witness defines the exact reason the child was injured and how this could have been avoided.
In Indiana, parents may file a claim against a negligent doctor when their baby is injured. Any risk that wasn’t disclosed to the parents could present a liability for the doctor. These risks must be avoided according to proper medical protocol. Parents who need to speak to a Birth Injury Attorney in Bloomington can visit The Koch Law Firm today.