Birth Injury Attorneys

Although advances in medicine have made birthing a more secure process, it still has risks. Even small medical errors could have long-lasting consequences for both mother and baby.

A birth injury lawyer can assist you in recovering damages. This could include current, future and past costs for medical treatment, ongoing costs, and other financial damages.

Medical Malpractice

Birth injuries can have devastating effects that last a lifetime. A successful lawsuit can help parents obtain justice and recover compensation for the future care of their child if a medical mistake caused the injury.

The first step in pursuing the medical malpractice claim is to find a skilled lawyer. An experienced birth trauma lawyer will collaborate with medical experts and look over records to identify any potential malpractice. They will also discuss the situation with you in detail and birth injury law firm answer any questions you might have.

Medical negligence claims can be complicated and require difficult witnesses. Teams of lawyers are on the side of hospitals, doctors and insurance companies that are trained to limit or eliminate payments. It is essential to find a lawyer who can take on these powerful opponents.

A medical malpractice case has four parts: duty, breach, causation and damages. A seasoned birth injury lawyer will work with you to gather evidence and build strong legal arguments to support each of these elements.

In the case of a birth injury the primary requirement is to establish that you had a professional relationship between your doctor and you. This could be accomplished through medical documents or hospital bills. It is then important to establish that the doctor owed you the duty to perform his duties with reasonable care and skill that would be expected from another medical provider in the same circumstance.

Birth Injury

A birth injury lawyer can assist the family file a medical malpractice lawsuit against a hospital or doctor who was negligent during labor and birth. A successful legal action could result in financial compensation that could help a family pay for their child's future and current 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 acts of negligence and then hire experts to investigate the case. These experts are often other doctors in the field of OB/GYN who are able to provide their opinion on the extent of malpractice. Once the experts have reviewed the case, your lawyer will determine who is accountable for the injuries. They will then identify them as defendants.

In all states, including New York, there is a deadline for filing an injury claim before the court, referred to as the statute of limitations. For birth injury claims, this usually is 30 months or two and two and a half (2-1/2) years following the time that the medical malpractice occurred.

During this period 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 does not agree to a reasonable amount. A judge and jury will then decide the matter. This is a difficult procedure that should be handled by a professional.

Medical Records

A medical error during childbirth may result in an injury. It's one of life's most exciting moments. The injuries can range from minor to severe and they can have long-lasting consequences for a newborn's growth and quality of life. If you suspect that your child suffered an injury during birth due to medical negligence, you may bring a claim in order to receive compensation for future and past 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 profession as well as the rest of the medical community based on the level of training and knowledge that they have. In most instances, it's necessary to employ expert witnesses who are able to determine the appropriate standard for the case.

Medical malpractice insurance companies are aware of how devastated parents can feel following a serious birth injury and usually have a team of lawyers who are on call 24/7 to reduce or deny payments on claims. Therefore, it is imperative to consult an New York birth injury attorney as soon as possible. You can avoid missing crucial deadlines and decrease your chances of getting maximum compensation by starting the process as soon as you can.

Insurance

The advancements in medicine have made childbirth a more secure process, however there are still risks. Medical professionals and doctors must exercise caution to avoid errors which could have lasting consequences for the mother and baby. If they don't take care, they could be held accountable for their negligence and have to pay damages.

Birth injury lawyers can assist parents obtain fair compensation for past, future and non-economic losses like suffering and pain. Their expertise can also be helpful during insurance settlement negotiations and in avoiding the aggressive strategies that insurance companies employ to decrease payouts. A lawyer can also bring the case to trial if necessary.

Birth injuries are typically resolved outside of court. A medical malpractice lawyer can build a strong claim for compensation by reviewing medical documents of the child and hiring medical experts.

An experienced New York City birth injury law firm can review the medical records and request diagnostic and reports that assess the severity of the injuries, and also identify the defendants. This could include the obstetrician, surgeons, nurses and doctors involved in the birth or delivery as well as hospitals. In certain states, parents are able to apply for a state-sponsored program that pays compensation to children who suffer certain birth injuries, including brain damage or paralysis.