Birth Injury Attorneys

Medical advances have made childbirth more secure, but it still comes with risks. Unfortunately, even the tiniest of medical mistakes can have lifelong consequences for both mother and baby.

A birth injury lawyer can help you recover damages. This can include future and past medical expenses in addition to ongoing therapy costs and other financial damages.

Medical Malpractice

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

The first step to pursue the medical malpractice claim is to find an experienced lawyer. A skilled birth trauma lawyer will collaborate with medical professionals and look over documents to find out if there was any malpractice. They will also discuss the situation with you in detail and answer any questions you have.

Medical negligence claims are often complicated and require difficult witnesses. Doctors, hospitals, and insurance companies have lawyers on their side, who are trained to deny or reduce payments. It is crucial to find an attorney who is able to take on these powerful opponents.

A medical malpractice case has four components: duty, breach, causation and Birth Injury Lawyers damages. An experienced lawyer for birth injuries will work with you to gather evidence and develop strong legal arguments to support each of these elements.

In a birth injury case the first step is to establish that your doctor had a professional relationship with you. This can be done using medical records or hospital bills. The next step is to prove that you were owed an obligation by the doctor to perform the skill and care expected by a medical professional.

Birth Injury

A birth injury lawyer can help families file a medical malpractice suit against a doctor or hospital who committed negligence during labor and delivery. A successful legal action can result in financial compensation that helps the family pay for their child's medical expenses and future expenses, along with the loss of earnings and emotional trauma.

A skilled birth injury attorney will be able review the medical records of your child, determine any possible negligence, and hire experts to look into the case. They are typically other OB/GYN doctors who can offer their opinions on whether malpractice took place. Once the experts have reviewed the case, your lawyer can determine who is responsible for the injuries. They will then identify them as defendants.

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

During this period your attorney will work with your insurance company to negotiate an agreement on your behalf. Your attorney will then file a suit in the appropriate court if the insurance company refuses to pay a reasonable amount. A judge and jury will decide the case. This is a complicated process that should only be handled by a professional.

Medical Records

The birth of a child is one of the most exciting moments in a person's life however, it can turn into an incredible nightmare if an error by a doctor during labor or delivery causes an injury. Minor to severe injuries can cause lasting damage to the quality of life and development of a baby. If you believe your child is suffering from a birth-related injury due to medical negligence, you may claim compensation.

A medical malpractice case demands that the plaintiff prove that a physician, nurse or any other healthcare professional breached their duty of take care of patients. The medical professional has failed to act according to the standards of their profession, and also the rest depending on their level of training and experience. Typically, it is necessary to engage experts who can assist in determining the proper standards of care in the case.

Medical malpractice insurance companies understand the utter devastation parents feel after an unfortunate birth injury and have legal teams that are on call 24/7 to deny or lower payments on claims. Therefore, it is vital to consult a New York birth injury attorney as soon as possible. You can avoid missing crucial deadlines and compromising your chances of obtaining maximum compensation by beginning the process as soon as you can.

Insurance

Medical advances have made childbirth a safe process, but it still has risks. Doctors and other medical professionals in the field must take care to avoid making mistakes which could have lasting consequences for both the mother and the 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 future, past and non-economic injuries like pain and suffering. Their knowledge and experience can be beneficial during settlement negotiations with insurance companies and in avoiding the abrasive tactics that insurers employ to cut payouts. If necessary an attorney could make your case go to court.

Many medical malpractice claims settle out of court and this is especially true for birth injury cases. A medical malpractice lawyer can create a solid case to recover compensation through the review of medical records of the child and hiring medical experts.

A New York City birth injury lawyer may review medical documents and request reports, as well as diagnostic tests to evaluate the severity of the injuries and identify defendants. This could include the obstetrician, surgeons, nurses, and doctors involved in the birth or delivery, as well as the hospitals. In some states, parents are able to apply for a state-sponsored program that compensates children who suffer certain birth injuries, such as brain damage or paralysis.