Birth Injury Attorneys

While advances in medicine have made birthing a safer procedure, it is not without dangers. Unfortunately, even the tiniest of mistakes made during birth can have lasting consequences for the baby and mother.

A birth injury lawyer can help you recover damages for your losses. This can include future, past and ongoing medical expenses, ongoing therapy costs and other monetary damage.

Medical Malpractice

Birth injuries can have devastating consequences that last for a lifetime. A successful lawsuit could help parents gain justice and recover compensation for the future treatment of their child if an error in medical care caused the injury.

The first step in pursuing the medical malpractice claim is to locate a seasoned lawyer. A good birth trauma lawyer will work with medical professionals and review documents to determine if there is a possibility of malpractice. They will also discuss the situation with you in detail and answer any questions you may have.

Medical negligence cases are often complicated and require difficult witnesses. Teams of lawyers are on the side of hospitals, doctors and insurance companies that are trained to reduce or even deny payment. It is essential to find a lawyer who is able to stand up against these powerful adversaries.

There are four elements of a medical malpractice claim duty, breach of duty, causation and damages. A skilled birth injury lawyer will assist you to collect evidence and construct strong legal arguments to support each of these elements.

In the case of a birth injury lawyers injury the main requirement is to establish that you had a professional relationship between your doctor and yourself. This can be done using medical documents or hospital invoices. The next step is to establish that the doctor has the duty to perform his duties with reasonable skill and care that would be expected from another medical provider in the same situation.

Birth Injury

A birth injury lawyer can help families file a medical malpractice lawsuit against a hospital or doctor who acted negligently during labor and birth. A successful legal action can result in financial compensation that helps a family cover their child's medical expenses and future expenses, along with lost earnings and emotional trauma.

A competent birth injury lawyer will know how to review 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 an opinion regarding whether there was malpractice. Once the experts have reviewed the case, the lawyer will determine who is accountable for the injuries. They will then identify them as defendants.

In New York and most other states there is a statute of limitations that sets the deadline for filing claims. This usually is 30 months or 2 1/2 years after the incident.

During this period during this time, your attorney will negotiate an agreement with your insurance company on behalf of you. If the insurance company is unwilling to pay a reasonable amount, your lawyer will file a suit in the appropriate court to decide whether a jury or a judge will decide the issue. This is a complex procedure that should only be handled by a professional.

Medical Records

The birth of a child is one of the most exciting events in a person's lifetime however, it can be a terrifying nightmare if an error by a doctor during labor or delivery causes an injury. Injuries that range from minor to severe can be long-lasting and affect the quality of life and development of a baby. If you think that your child sustained an injury at birth due to medical malpractice, you can seek damages for future and past damages.

A medical malpractice case demands that the plaintiff demonstrate that a nurse, doctor or other healthcare professional violated their duty of care. The medical professional not acted in accordance with the standards of their profession and the rest, depending on their training and knowledge. In the majority of cases, it is necessary to employ experts who are able to establish the appropriate standard for the case.

Medical malpractice insurance companies are aware of how overwhelmed parents can be following an injury to their child that is serious and typically have teams of attorneys working full time to block or limit payments on claims. As such, it is imperative to consult a New York birth injury attorney as soon as you can. If you begin the process early, you can reduce the possibility of ignoring crucial deadlines and jeopardizing your chances of receiving the maximum amount of compensation.

Insurance

Medical advances have made childbirth more secure, but there are still dangers. Doctors and other professionals working in the medical field must be careful to avoid errors that could cause long-lasting damage for both mother and child. If they fail to do so then, they could be held liable and have to pay damages.

Birth injury lawyers can help parents get fair compensation for past, future and non-economic injuries like pain and suffering. Their knowledge and experience can be beneficial during insurance settlement negotiations and in avoiding the aggressive strategies that insurance companies employ to decrease payouts. Lawyers can also bring the case to trial, should it be necessary.

Many medical malpractice cases settle out of court and this is typically applicable to birth injury cases. However, a skilled medical malpractice lawyer can make a strong case for compensation by reviewing the child's medical records and enlisting medical experts to examine them.

A seasoned New York City birth injury law firm can look over the medical records and request diagnostic and reports which analyze the severity of the injuries, as well as identify the defendants. They could be the obstetrician, nurses, surgeons, doctors and hospitals involved in the delivery and birth. In some states, parents may apply for a state-sponsored program which provides compensation to children who suffer from certain birth injuries such as brain damage or paralysis.