Birth Injury Attorneys

Medical advances have made childbirth more safe, but there are still risks. Unfortunately, even small medical mistakes can have lifelong consequences for both the mother and baby.

A birth injury attorney can assist you in obtaining damages for your losses. This could include future and past medical expenses as well as ongoing therapy costs and other monetary damages.

Medical Malpractice

A birth injury can have devastating effects that last for a lifetime. A successful lawsuit could help parents receive justice and recover compensation for the future care of their child in the event that an error in medical care caused the injury.

Finding a skilled lawyer is the first step to filing a claim for medical negligence. A reputable birth trauma lawyer will collaborate with medical professionals, and will examine the records to determine whether there is any potential for malpractice. They will also discuss the matter with you in depth and answer any questions you have.

Medical negligence cases can be complicated and involve difficult witnesses. Teams of lawyers are on the side of hospitals, doctors and insurance companies who are trained to cut or stop payments. It is important to find a lawyer who can take on these powerful opponents.

There are four parts of a medical malpractice claim: duty, breach of duty, causation, and damages. A birth injury lawyer who is experienced will help you collect evidence and develop strong legal arguments to back each of these elements.

In a birth injury case, the obligation is to prove that your doctor had an established professional relationship with you. This can be accomplished by using medical records or hospital invoices. It is then important to establish that the doctor has the obligation to act with reasonable care and skill that you would expect from a different medical provider in the same circumstance.

Birth Injury

A birth injury lawyer can assist the family file an action for medical malpractice against a doctor or hospital who acted negligently during labor and delivery. A successful legal case could result in financial compensation that could help families pay for their child's current and future medical expenses, lost wages, and emotional trauma.

A experienced birth injury lawyer will know how to look over the medical records of your child and find any potential acts of negligence and employ experts (often other OB/GYN physicians) to review the case and provide an opinion on the possibility of malpractice. After the experts have analyzed your case your lawyer will be capable of determining who was accountable for the injuries, and then name them as defendants in the lawsuit.

In the majority of states including New York, there is a deadline for filing an injury claim with the court, known as the statute of limitations. For birth injury claims, this is usually 30 months or two and two and a half (2-1/2) years after the medical malpractice occurred.

During this time your attorney will negotiate a settlement with your insurance company on behalf of you. Your attorney will then file a suit in the appropriate court in the event that the insurance company refuses to pay a reasonable amount. A jury and judge will then make a decision. This is a lengthy procedure that should be handled by an experienced professional.

Medical Records

A medical mistake during childbirth can cause injuries. It's one of the most exciting moments. Injuries can range from minor to serious, and often have lasting impact on the development of a newborn and quality of life. If you believe your child suffered an injury during birth due to medical malpractice, you can make a claim for the compensation you owe for past and future damages.

A medical malpractice claim requires the plaintiff to prove that a doctor or nurse violated their duty of care. This means that the medical professional failed to act in accordance with the standards of their field and of the medical profession, depending on the level of education and expertise they have. In most instances, it's necessary to engage experts to testify on behalf of the client to determine the proper standard for the case.

Medical malpractice insurers are well aware of how overwhelmed parents can feel following an injury to their baby and typically have a team of lawyers working 24/7 to stop or reduce the amount of money they pay on claims. As such, it is essential to speak with a New York birth injury attorney as soon as you can. You can avoid missing important deadlines and reduce your chances of getting maximum compensation by beginning the process as early as possible.

Insurance

Medical advances have made childbirth more secure however, there are still risks. Medical professionals and doctors should be careful to avoid errors that could result in permanent consequences for the mother and child. If they fail to do so, they can be held responsible for negligence and have to pay damages.

Birth injury lawyers can assist parents receive fair compensation for past and future medical expenses and non-economic damages, such as pain and suffering. Their experience is also useful in negotiations for insurance settlements, and can help avoid aggressive tactics that malpractice insurers use to reduce the amount of money they pay. If necessary, an attorney can also take your case to the court.

Many medical malpractice claims go to court without trial and this is especially the case for birth injuries. A medical malpractice lawyer can make a strong claim for compensation by reviewing medical records of the child and hiring medical experts.

An experienced New York City birth injury law firm can look over the medical records and request diagnostic reports and reports that evaluate the severity of the injuries, and also identify the defendants. This could include the obstetrician and nurses, doctors, surgeons, and hospitals involved in the delivery and birth. In certain states, families may apply to a state-wide program that provides a guarantee for children who suffer certain birth injuries, including brain damage or paralysis.