Birth Injury Attorneys

Modern medicine has made childbirth more secure, but it is not without risk. Unfortunately, even small medical errors can have lifelong consequences for both mother and baby.

A birth injury lawyer can help you recover damages. This can include current, future and past costs for medical treatment, birth injury law firm ongoing expenses and other damages in the form of money.

Medical Malpractice

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

The first step in pursuing an action for medical malpractice is to locate an experienced lawyer. A skilled birth trauma lawyer will work with medical professionals and review documents to determine if there is a possibility of malpractice. They will also answer all your questions and discuss the case in detail with you.

Medical negligence cases can be complex and require difficult witnesses. Teams of lawyers are on the side of doctors, hospitals and insurance companies that are trained to decrease or even deny payment. It is important to find a lawyer who is able to defend these powerful opponents.

A medical malpractice claim consists of four components: duty, breach, causation, and damages. A birth injury lawyer with experience can assist you with gathering evidence and create strong legal arguments to support each of these elements.

In a case of birth-related injury, the duty element is to prove that you had a professional relationship with your doctor and you. This could be done by using medical documents or hospital invoices. The next step is to prove that you were legally obligated to perform the duty by the doctor to act with the expertise and care by a medical professional.

Birth Injury

A birth injury lawyer can help families bring an action for medical malpractice against a medical professional or hospital who acted negligently during labor and birth. A successful legal action may result in financial compensation which can help families pay for their child's current and future medical expenses, lost wages, and emotional trauma.

A skilled birth injury lawyer will know how to go through your child's medical records, identify any potential acts of negligence, and also hire experts (often other OB/GYN doctors) to examine the case and provide their opinion on the degree of malpractice that occurred. Once the experts have reviewed your case, your lawyer will be able to determine who was responsible for the injuries and naming them as defendants in the lawsuit.

In most states including New York, there is a deadline for filing an injury claim with the court, also known as the statute of limitations. This usually is 30 months or 2 1/2 years following the incident.

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

Medical Records

The birth of a child is among the most exciting times in one's life but it can also turn into a nightmare if an error made by a doctor during labor and delivery results in an injury. Injuries can range from minor birth injury law firm to serious, and they often have long-lasting impacts on a baby's development and quality of life. If you suspect that your child sustained an injury during birth due to medical malpractice, you can bring a claim in order to receive compensation for future and past damages.

A medical malpractice case demands that the plaintiff prove that a nurse, doctor or other healthcare professional acted in violation of their duty to provide care. This means that the medical professional failed to conform to the standards of their field and of the medical profession, based on the level of knowledge and training they have. In general, it is necessary to engage experts who can determine the appropriate level of care in the case.

Medical malpractice insurance companies are aware of how distraught parents can be following an accident that causes serious injury to the baby and have a team of attorneys working full time to deny or reduce payments on claims. It is important to consult with a New York birth injuries attorney as soon possible. You can avoid missing crucial deadlines and diminishing your chances of getting maximum compensation by starting the process as early as you can.

Insurance

The advancements in medicine have made childbirth a safer process, but it is not without risk. Medical professionals and doctors should be careful to avoid errors which could have lasting consequences for the mother and baby. If they fail to do so, they may be held liable and have to pay damages.

Birth injury attorneys can help parents get fair settlements for past and upcoming medical expenses as well as non-economic damages, such as pain and suffering. Their expertise also aids in settlement negotiations for insurance and in avoiding the abrasive tactics that insurers employ to limit payouts. If necessary, an attorney can also make your case go to court.

Many medical malpractice claims end up in court and this is especially the case for birth injuries. A medical malpractice lawyer can make a strong claim for compensation by looking over medical records of the child and hiring medical experts.

A seasoned New York City birth injury law firm can look over the medical records and request diagnostic reports and reports that analyze the extent of the injuries as well as identify the defendants. They could include the obstetrician and nurses, surgeons, doctors and hospitals that were involved in the delivery and birth. In some states, parents may apply for a state-sponsored program that pays compensation to children who suffer certain birth injuries, such as brain damage or paralysis.