Birth Injury Attorneys

While medical advances have made birthing a safer procedure, it is not without dangers. However, even minor mistakes in medicine can have long-lasting consequences for both mother and baby.

An attorney for birth injuries can help you recover 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 could have devastating consequences that can last a lifetime. If a medical error led to the injury and a successful lawsuit could aid parents in achieving the feeling of justice, and also seek an amount of money to cover their child's future care needs.

The first step to pursue an action for medical malpractice is to find a skilled lawyer. An experienced birth trauma lawyer will work with medical experts, and scrutinize the records to discover any potential malpractice. They will also answer all your questions and discuss the case thoroughly with you.

Medical negligence claims can be complicated and require difficult witnesses. Hospitals, doctors and insurance companies all have lawyers on their side, who are trained to deny or decrease payments. It is important to locate a lawyer who has the ability to take on these powerful opponents.

There are four elements of a medical malpractice claim obligation, breach of duty, causation, and damages. An experienced lawyer for birth injuries will work with you to collect evidence and build strong legal arguments in support of each of these elements.

In a birth injury case, the obligation is to prove that your doctor had a professional relationship with you. This could be accomplished through medical records or hospital bills. The next step is to prove that you were owed the duty by the doctor to exercise the skill and care expected from a different medical professional.

Birth Injury

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

A seasoned birth injury lawyer will be able to look over the medical records of your child, determine any possible negligence and then hire experts to investigate the case. These experts are often other OB/GYN specialists who can offer their opinions on whether malpractice occurred. After the experts have examined your case your lawyer will be competent to determine who is responsible for the injuries and name them as defendants in the lawsuit.

In the majority of states including New York, there is an expiration date for filing an injury claim with the court, known as the statute of limitations. This usually is 30 months or 2 1/2 years following the malpractice.

During this time your attorney will be working with your insurance company to negotiate a settlement on your behalf. Your attorney will file a lawsuit in the appropriate court in the event that the insurance company does not agree to a reasonable amount. A jury and judge will then make a decision. This is a complicated procedure that should be handled by an experienced professional.

Medical Records

A medical error during childbirth can result in an injury. It's one of the most exciting moments. The severity of injuries can vary from minor to severe and often have lasting effects on a newborn's development and quality of life. If you suspect that your child sustained a birth injury due to medical negligence, you may seek compensation for past and future damages.

A medical malpractice lawsuit requires the plaintiff to show that a doctor or nurse breached their duty of medical care. This means that the medical professional failed to conform to the standards of their profession and that of the medical community in light of the education and experience they have. In the majority of cases, it is necessary to hire experts who are able to establish the appropriate standard in the case.

Medical malpractice insurance companies understand how devastated parents can be following an unfortunate birth injury, and they have teams of attorneys who do their best to reduce or deny payments on claims. It is important to talk with a New York birth injury attorney as soon as you can. By contacting them early, you can reduce the risk of missing crucial deadlines and ruining your chances of receiving the maximum amount of compensation.

Insurance

The advancements in medicine have made childbirth a safer process, but it still has risks. Medical professionals and doctors must be cautious to avoid errors that could cause permanent harm for the mother and baby. If they fail to do so take care, they could be held liable for negligence and be required to pay damages.

Birth injury lawyers can help parents receive fair compensation for past, future and non-economic injuries like pain and suffering. Their expertise also aids in settlement negotiations with insurance companies and in avoiding the abrasive tactics malpractice insurers use to limit payouts. Lawyers can also take the case to trial in the event of a need.

Many medical malpractice claims end up in court and this is especially applicable to birth injury cases. A medical malpractice lawyer can construct a solid claim for compensation by reviewing medical documents of the child and hiring medical experts.

A seasoned New York City birth injury law firm will review the medical records and request reports and diagnostic studies that assess the severity of the injuries, and also identify the defendants. They could be the obstetrician, nurses, doctors, surgeons and hospitals involved in the birth and delivery. In certain states, families are able to apply for a state-sponsored program that will provide an indemnity for children suffering from certain birth injuries, including brain damage and paralysis.