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 baby and mother.

A birth injury attorney can help you recover damages for your losses. These can include future and past medical expenses continuing therapy costs, and other monetary damages.

Medical Malpractice

A birth injury can have devastating effects that last for a lifetime. A successful lawsuit can help parents obtain justice and secure compensation for the future care of their child, if an error in medicine caused the injury.

Locating a competent lawyer is the first step to pursuing a claim for medical negligence. An experienced birth trauma lawyer will collaborate with medical experts and look over records to identify any potential malpractice. They will also discuss the case with you in detail and answer any questions you have.

Medical negligence claims typically require a lot of work and difficult witnesses. Hospitals, doctors as well as insurance companies have lawyers on their side who are trained to deny or reduce the amount of compensation. It is important to find an attorney who is able to combat these powerful opponents.

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

In a birth injury case, the obligation is to prove that your doctor had an established professional relationship with you. This could be done with medical documents or hospital bills. The next step is to establish that you were required to fulfill an obligation by the doctor to perform the care and skill from a different medical professional.

Birth Injury

A birth injury attorney can assist a family in filing an action for medical malpractice against the doctor or hospital who acted with negligence during labor and delivery. A successful legal claim can result in financial compensation that helps a family cover the cost of medical treatment for their child as well as future expenses, in addition to 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 doctors) to review the case and provide an opinion regarding whether there was malpractice. After the experts have analyzed the case, your lawyer can determine who is accountable for the injuries. They will then identify the defendants.

In New York and most other states, there is an statute of limitations that sets the deadline for filing claims. For birth injury lawsuits injury claims, this is usually 30 months or two and one-half (2-1/2) years following the time that the medical malpractice occurred.

During this time your attorney will work with your insurance company to negotiate an agreement on your behalf. If the insurance company refuses to pay a fair amount, your attorney will file a lawsuit with the appropriate court to make a jury and a judge decide the issue. This is a difficult procedure that should be handled by an experienced professional.

Medical Records

A medical mistake during childbirth could result in an injury. It is one of life's most exciting moments. Injuries can range from minor to major, and they often have long-lasting effects on a newborn's development and quality of life. If you believe that your child sustained a birth injury 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 demonstrate that a nurse, doctor or any other healthcare professional breached their duty to care. This means that the medical professional did not act in accordance with the standards of their profession as well as the rest of the medical community based on the level of knowledge and training they have. Typically, it is necessary to engage expert witnesses who can help establish the appropriate standard of care in the case.

Medical malpractice insurance companies are aware of how distraught parents can feel following a serious birth injury and typically have teams of attorneys working full time to stop or reduce the amount of money they pay on claims. This is why it's imperative to consult a New York birth injury attorney as soon as possible. You can avoid missing important deadlines and compromising your chances of recovering maximum compensation by beginning the process as soon as you can.

Insurance

The advancements in medicine have made childbirth more secure however, there are still dangers. Doctors and other professionals working in the medical field must be cautious to avoid errors which could have lasting consequences for both the mother and the child. If they fail to do so then, they could be held responsible and forced to pay for damages.

Birth injury attorneys can help parents get fair compensation for past and future medical expenses and non-economic damages, such as suffering and pain. Their knowledge and experience can be beneficial during settlement negotiations for insurance claims and in avoiding the aggressive strategies that insurance companies employ to limit payouts. Lawyers can also bring the case to trial, in the event of a need.

Many medical malpractice claims go to court without trial, and this is often true for birth injury cases. A medical malpractice lawyer can create an effective claim for compensation by reviewing medical documents of the child and hiring medical experts.

A seasoned New York City birth injury law firm can examine the medical records and request diagnostic and reports that analyze the extent of the injuries, and also identify the defendants. They could include the obstetrician, nurses, surgeons, doctors and hospitals involved in the birth and delivery. In some states, families can apply to a government program that offers an indemnity for children who suffer certain birth injuries, like brain damage and paralysis.