Birth Injury Attorneys

Although advances in medicine have made birthing a safer process, it still has risks. Even minor medical mistakes can have long-lasting effects for both the mother and baby.

A birth injury attorney can assist you in recovering damages for your losses. These could include past and future medical expenses in addition to ongoing therapy costs and other damages in the form of money.

Medical Malpractice

A birth injury can cause devastating effects that last a lifetime. If a medical mistake caused the injury and a successful lawsuit could help parents attain the feeling of justice and Birth injury lawyers recover the financial compensation their child will need for future medical needs.

Finding an experienced lawyer is the first step to pursuing a claim for medical negligence. An experienced birth trauma lawyer will work with medical experts, and scrutinize documents to determine if there is any possibility of malpractice. They will also answer all your questions and discuss the case thoroughly with you.

Medical negligence cases are often 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 vital to find a lawyer who is able to defend these powerful adversaries.

There are four parts of a medical negligence claim obligation, breach of duty, causation and damages. An experienced birth injury lawyer will assist you to gather evidence and construct strong legal arguments to support each of these elements.

In the case of a birth injury the legal requirement is to establish that you had a professional relationship between your doctor and you. This could be done with medical documents or hospital bills. It is then essential to prove that the doctor owed you the obligation to act with reasonable care and skill that you would expect from a different medical provider in the same situation.

Birth Injury

A birth injury lawyer can assist the family file an action for medical malpractice against a hospital or doctor who erred 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 experienced birth injury lawyer will know how to go through the medical records of your child and find any potential acts of negligence and hire experts (often other OB/GYN physicians) to examine the case and provide their opinion on the possibility of malpractice. After the experts have examined the case, your lawyer will determine who is accountable for the injuries. They will then identify the defendants.

In New York and most other states there is a statute of limitation that stipulates the deadline to file an action. For birth injury claims, this usually is 30 months or two and two and a half (2-1/2) years after the malpractice occurred.

During this period, your attorney will work 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 refuses a reasonable amount. A jury and judge will decide the case. This is a lengthy procedure that should be handled by a trained professional.

Medical Records

The birth of a child is one of the most exciting times in one's life but it can also turn into an incredible nightmare if an error by a doctor during labor and birth causes an injury. Minor to severe injuries can have a lasting impact on the quality of life and development of a baby. If you believe your child sustained an injury during birth due to medical negligence, you may make a claim for compensation for past and future damages.

A medical malpractice claim requires the plaintiff to prove that a nurse or doctor violated their duty of care. This means that the medical professional did not comply with the standards of their profession and that of the medical community based on the level of education and experience they possess. In general, it will be required to involve experts as witnesses to help establish the appropriate standard of care in the case.

Medical malpractice insurance companies understand how devastated parents are following an unfortunate birth injury and have teams of attorneys who dedicate their time to deny or lower payments on claims. It is crucial to talk with an New York birth injuries attorney early enough. You can avoid missing crucial deadlines and decrease your chances of receiving maximum compensation by starting the process as early as you can.

Insurance

The advancements in medicine have made childbirth a safe process, but there are still risks. Doctors and other professionals working in the medical field must be cautious to avoid mistakes which could have lasting consequences for both mother and child. If they do not do so, they could be held accountable and may have to pay for damages.

Birth injury lawyers can help parents get fair compensation for future, past and non-economic injuries like pain and suffering. Their expertise is also helpful during negotiations with insurance companies, and can help avoid the aggressive strategies that malpractice insurers employ to decrease the amount of money they pay. If needed an attorney could make your case go to court.

Many medical malpractice claims go to court without trial which is usually the case with birth injuries. But a skilled medical malpractice attorney can build an argument to recover compensation by reviewing the medical records of the child and enlisting medical experts to examine them.

A New York City birth injury lawsuit injury lawyer can look over medical records, request reports and diagnostic studies to determine the extent of the injuries and identify defendants. They could include the obstetrician and nurses, doctors, surgeons, and hospitals involved in the birth and delivery. In certain states, parents can apply for a state program that provides compensation to children who suffer from certain birth injuries, including brain damage or paralysis.