Birth Injury Attorneys

While medical advances have made birthing a safer process, it still has dangers. Unfortunately, even the tiniest of mistakes made during birth can have lasting consequences for the baby and mother.

A lawyer for birth injuries can help you recover damages. This can include past and future medical expenses as well as ongoing therapy costs and other financial damages.

Medical Malpractice

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

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

Medical negligence lawsuits typically involve complicated issues and difficult witnesses. Teams of lawyers are on the side of hospitals, doctors and insurance companies, who are trained to decrease or stop payments. It is important to find an attorney who is able to take on these powerful opponents.

There are four components to a medical malpractice lawsuit duty, breach of duty, causation, and damages. A skilled birth injury lawyer will work with you to collect evidence and construct strong legal arguments to support each of these elements.

In the case of a birth injury, the obligation is to prove that your doctor had an established professional relationship with you. This can be done using medical records or hospital bills. The next step is to establish that the doctor owed you a duty to act with reasonable care and skill that would be expected from a medical professional in the same situation.

Birth Injury

A birth injury lawyer can help a family bring an action for medical malpractice against a doctor or hospital who committed negligence during labor and delivery. A successful legal claim can result in financial compensation to help the family pay for the medical expenses of their child as well as future expenses, along with the loss of wages and emotional trauma.

A skilled birth injury lawyer will know how to go through the medical records of your child and find any potential acts of negligence and employ experts (often other OB/GYN doctors) to review the case and provide an opinion regarding whether there was malpractice. Once the experts have reviewed your case your lawyer will be in a position to determine who was responsible for the injuries and naming them as defendants in the lawsuit.

In New York and most other states there is a statute of limitations which defines the time frame for filing claims. For birth injury claims, this is typically 30 months or two and a half (2-1/2) years after the medical malpractice occurred.

During this period during this time, your attorney will negotiate an agreement with your insurance company on your behalf. If the insurance company refuses to pay a fair amount, your lawyer will file a lawsuit in the appropriate court to decide whether a jury or a judge will decide the issue. This is a lengthy procedure that should only be handled by a professional.

Medical Records

A medical mistake during childbirth can result in an injury. It's one of life's most exciting moments. Minor to severe injuries can cause lasting damage to the quality of life and development of a baby. If you believe that your child was injured during birth due to negligence by a medical professional, you can bring an action to recover compensation.

A medical malpractice claim demands that the plaintiff demonstrate that a nurse, doctor or other healthcare professional acted in violation of their duty to take care of patients. This means that the medical professional failed to comply with the standards of their profession and that of the medical community depending on the level of training and knowledge that they have. In most cases, it is essential to hire experts who are able to determine the appropriate level of care in the situation.

Medical malpractice insurers are well aware of how overwhelmed parents can be following an injury to their child that is serious and typically have a team of attorneys working full time to deny or reduce payments on claims. It is important to talk with an New York birth injury attorney as soon as possible. By starting the process in the early stages, you will not run the risk of missing crucial deadlines and ruining your chance to recover maximum compensation.

Insurance

The advancements in medicine have made childbirth a more secure process, however it still poses risks. Doctors and other professionals in the medical field must be careful to avoid errors which could have lasting consequences for both mother and child. If they fail to do so take care, they could be held accountable for negligence and must pay damages.

Birth injury lawyers can assist parents receive fair compensation for past, future and non-economic damages like pain and suffering. Their experience is also beneficial during insurance settlement negotiations, and can help avoid the aggressive strategies that malpractice insurers employ to decrease payouts. If necessary an attorney is needed, they can make your case go to court.

Many medical malpractice claims settle out of court and this is typically applicable to birth injury cases. However, a seasoned medical malpractice attorney can build a solid case for compensation by examining the medical records of the child and hiring medical experts to examine them.

A seasoned New York City birth injury law firm can look over the medical records and request diagnostic and reports that analyze the extent of the injuries and also identify the defendants. This could include the obstetrician as well as nurses, doctors and surgeons involved in the delivery or birth and the hospitals. In certain states, families can apply for a state-sponsored program that provides a guarantee for children who suffer certain birth injuries, for lawyers example brain damage or paralysis.