Birth Injury Attorneys

While advances in medicine have made birthing a safer process, it still has risks. Unfortunately, even small medical mistakes can have lifelong consequences for both the mother and baby.

A lawyer for birth injuries can help you recover damages. This can include future and past medical expenses, ongoing therapy costs and other financial damages.

Medical Malpractice

Birth injuries can have devastating effects that can last a lifetime. If a medical issue caused the injury the lawsuit will help parents attain an understanding of justice, and also seek the financial compensation their child will need for future needs for care.

Finding a reputable lawyer is the first step to making a claim against medical malpractice. A skilled birth trauma lawyer will work with medical professionals and review documents to find out if there was any malpractice. They will also be able to answer all your questions and discuss the case in detail with you.

Medical negligence cases can be complicated and involve difficult witnesses. Hospitals, doctors and insurance companies all have teams of lawyers on their side, who are trained to refuse or reduce payments. It is vital to find a lawyer who is able to take on these powerful adversaries.

There are four components to a medical malpractice lawsuit: duty, breach of duty, causation, and damages. A seasoned birth injury lawyer will work with you to collect evidence and develop strong legal arguments in support of each of these elements.

In a birth-injury case the primary requirement is to establish that you had a professional relationship with your doctor and you. This could be accomplished through medical records or hospital bills. The next step is to prove that you were required to fulfill an obligation by your doctor to exercise the care and skill of a different medical provider.

Birth Injury

A birth injury lawyer can assist a family to file a medical malpractice lawsuit against the doctor or hospital who acted with negligence during labor and delivery. A successful legal case could result in financial compensation that can help a family pay for their child's current and future medical expenses, lost wages, and emotional trauma.

A skilled birth injury lawyer will be able to look over the medical documents of your child, identify any potential negligence and engage experts to investigate the case. Experts are usually other OB/GYN physicians who can give their opinion as to whether malpractice took place. Once the experts have reviewed 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 limitations which defines the time frame for filing a claim. For birth injury claims, this usually is 30 months or two and a half (2-1/2) years after the incident of medical malpractice.

During this period your attorney will work with your insurance company to negotiate a settlement on your behalf. If the insurance company is unwilling to pay a fair amount, your lawyer will file a lawsuit in the appropriate court to get a jury and judge to decide on the issue. This is a lengthy procedure that should be left to a trained professional.

Medical Records

The birth of a baby is one of the most exciting events in a person's lifetime, but it can turn into an incredible nightmare if an error by a doctor during labor or birth injury law firm delivery causes an injury. The severity of injuries can vary from minor to severe and often have lasting impact on the development of a newborn and quality of life. If you suspect that your child has suffered an injury related to birth due to medical negligence, you can make an action to seek compensation.

A medical malpractice lawsuit requires the plaintiff to show that a doctor or nurse breached their duty to care. This means that the medical professional did not conform to the standards of their profession and that of the medical community, based on the level of education and expertise they possess. In general, it is essential to have experts to assist in determining the proper standard of care for the case.

Medical malpractice insurance companies know the utter devastation parents feel after a birth injury that is serious and have legal teams that work full-time to stop or reduce payments on claims. This is why it's vital to consult a New York harrisville birth injury lawyer injury attorney as soon as possible. By starting the process early, you can reduce the possibility of missing crucial deadlines and ruining your chance to recover the maximum amount of compensation.

Insurance

Medical advances have made childbirth a safer process, but it still has risks. Medical professionals and doctors must be cautious to avoid errors that could have lifelong consequences for the mother and child. If they don't do so, they may be held accountable for their negligence and must pay damages.

Birth injury lawyers can help parents obtain fair compensation for past, future and non-economic damages such as pain and suffering. Their experience can be helpful during negotiations with insurance companies, and could help avoid aggressive tactics that malpractice insurance companies employ to decrease payouts. Lawyers can also take the case to trial should it be necessary.

Many medical malpractice claims go to court without trial and this is typically applicable to birth injury cases. However, a skilled medical malpractice lawyer can create a solid case to recover compensation by reviewing the child's medical records and hiring medical experts to examine them.

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