Birth Injury Attorneys

A birth injury lawyer can help you file an action for medical malpractice against a negligent obstetrician, nurse or hospital. They will ask for medical records to determine if there was malpractice and then consult with experts to review the case.

Small medical mistakes during childbirth can lead to serious and preventable injuries that require a long period of therapy. A successful legal claim can compensate families for these costs.

Proving Negligence

A birth injury lawyer can assist you to make legal claims, collect damages, and hold medical professionals who are negligent accountable. This kind of lawsuit is a part of the medical negligence or personal injury law, and requires a thorough investigation and expert witness testimony and a trial in a court. Evidence will be required to show that the defendants violated their duty of care and caused harm to your child.

An experienced and competent lawyer can create a strong case to prove negligence concluding that the medical professional failed to adhere to generally accepted practices in the community for birth injury professionals with their training and experience, and that this failure caused your child's injuries. It may be necessary to seek the opinion of a medical expert in order to establish the standard of medical treatment, and your attorney can find these experts for you.

Families who suffer a birth injury are often faced with immense financial and emotional stress. Long-term medical costs and therapy to help a child recover can drain families' savings. An experienced birth injury lawyer can evaluate your family's financial situation and the needs of your family for the rest of your life and negotiate a settlement that will cover all expenses. They can also manage communication with the insurance companies and their lawyers on your behalf, ensuring you don't receive lowball settlement offers. They can also request medical records on your behalf and make sure that these records aren't lost or altered.

Collecting evidence

While medical advances have made childbirth a lot safer than it was previously the mothers and their babies are exposed to a level of risk in each labor. New York law requires that doctors, including obstetricians and other medical professionals who assist with the birth, exercise reasonable care to avoid mistakes that could result in long-lasting effects or even permanent ones. When they do not follow through and fail to do so, they could be held responsible for a lawsuit against a birth injury seeking financial compensation.

It is crucial to build a solid case. A good birth injury attorney will collaborate with a team of experts who review medical records, diagnoses and treatment, and other evidence to determine if doctors violated the standard of care within their field. This is the key to the success of a lawsuit.

If the doctor's actions resulted in a serious injury to your child, we will seek damages for your child's future and past medical expenses, income loss emotional distress, other losses. We will also seek compensation for any additional expenses you've incurred or incur to care for your child as they grow for example, therapy sessions and special education.

During the trial process it is normal for defendants and their insurance companies to try to shift blame and/or misstate minor facts. An experienced attorney will know how to contest these attempts to ensure that the final trial result accurately reflects the medical practitioner's responsibility.

Preservation of Evidence

The most important step in the case of medical malpractice is gathering and preserving evidence. This includes eyewitness testimony, photographs, and birth injury expert witness testimony.

A lawyer can help you gather the evidence you need to prove negligence and build strong arguments for compensation. They can also store the evidence for trial and make sure that the case meets the legal requirements.

When medical professionals fail in their duties of care, patients could suffer serious injuries and losses. Birth injury attorneys can help you hold at-fault medical workers accountable and receive compensation to cover lifetime costs for medical care and lost income, emotional stress, and more.

Once the initial consultation is over the lawyer will have a better understanding of whether they think you have a reasonable chance of winning your lawsuit. They will offer suggestions on how to proceed. They can also analyze your case, and start the process of obtaining records from the medical profession and soliciting experts to provide their opinions.

Your lawyer will also oversee the claims process and handle all communication with insurance companies in order to avoid missing important deadlines. They can also help you negotiate an acceptable settlement that fairly will reflect your damages. They can also take on against insurers who try to convince you to accept lowball offers. If a settlement isn't agreed upon, they may file a lawsuit to put pressure on insurers.

Filing a Lawsuit

In pursuing the medical professional responsible for the child's injury could help you obtain compensation to cover the lifetime care costs and losses. Unfortunately, medical malpractice claims are complex and time-consuming. A good lawyer will handle all communications with insurers, and will manage your family's case in order to avoid costly delays.

Your lawyer must establish that the doctor did not fulfill an obligation of care and that your child was harmed as a result. It is necessary to collaborate with a team of medical experts in order to define the standard care you should receive and how your doctor was not up to the mark.

Midwives can be sued in addition to doctors, nurses and other defendants. While they are licensed, trained professionals who are able to assist in normal pregnancy, New York law states that they must transfer care to obstetricians when complications develop during the course of a birth or when an assessment of risk suggests that the mother is at high chance of suffering.

Hiring a birth injury attorney will help you develop an evidence-based case and secure expert witnesses to back up your claim. Most birth injury lawyers work on a contingent fee basis. This means they advance all costs related to your case and only receive payment in the event that they achieve compensation for you. The percentage of contingency fees ranges from 33% to 40% on the total settlement.