Birth Injury Attorneys

While advances in medicine have made birthing a safer procedure, it is not without risks. Even minor medical errors can have long-lasting consequences for both baby and mother.

A lawyer for birth injuries can assist you in recovering damages. This could include past and future medical expenses as well as ongoing therapy costs and other monetary damages.

Medical Malpractice

A birth injury can cause devastating effects that last a lifetime. If a medical error led to the injury the lawsuit will aid parents in achieving the feeling of justice, and also seek financial compensation for their child's future care needs.

The first step to pursue the medical malpractice claim is to find a skilled lawyer. A skilled birth trauma attorney will work with medical experts and look over records to identify any potential malpractice. They will also discuss the case in depth with you and answer any questions you have.

Medical negligence claims often involve complicated issues and difficult witnesses. Teams of lawyers are on the side of hospitals, doctors, and insurers who are trained to cut or even deny payment. It is important to find a lawyer that can defend these powerful opponents.

A medical malpractice case has four parts: duty, breach, causation, and damages. An experienced birth injury lawyer will assist you to collect evidence and develop strong legal arguments to support each of these elements.

In a birth injury case, the duty element involves proving that your doctor had an official relationship with you. This can be done using medical records or hospital invoices. The next step is to prove that you were required to fulfill a duty by the doctor to perform the expertise and care from a different medical professional.

Birth Injury

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

A experienced birth injury lawyer will know how to go through the medical records of your child, identify any potential acts of negligence, and also hire experts (often other OB/GYN physicians) to examine the case and offer their opinions on the degree of malpractice that occurred. After the experts have looked over your case and your lawyer has reviewed the case, they will be competent to determine who is accountable for the injuries and name them as defendants in the lawsuit.

In the majority of states including New York, there is a deadline to file an injury claim before the court, referred to as the statute of limitations. For birth injury claims, this is usually 30 months or two and one-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. If the insurance company is unwilling to pay a reasonable amount, your lawyer will file a suit in the appropriate court to make a jury and a judge decide on the matter. This is a complex process that should be handled by a trained professional.

Medical Records

The birth of a baby is among the most exciting times in the life of a person however, it can also turn into a nightmare if an error by a doctor during labor and delivery results in an injury. The severity of injuries can vary from minor to severe, and they can have long-lasting consequences for a newborn's growth and quality of life. If you believe that your child sustained an injury during birth due to medical malpractice, you can make a claim for damages for future and past damages.

A medical malpractice case requires the plaintiff to prove that a doctor, nurse or any other healthcare professional breached their duty of take care of patients. This means that the medical professional failed to comply with the standards of their field and of the medical community, according to the level of knowledge and training they have. In most cases, it is necessary to find experts to testify on behalf of the client to establish the appropriate standard in the case.

Medical malpractice insurance companies are aware of how distraught parents can be after an injury to their child that is serious and usually have teams of attorneys working 24/7 to stop or reduce the amount of money they pay on claims. Therefore, it is important to talk with an New York birth injury lawsuits injury attorney whenever you can. By starting the process early, you will avoid the possibility of missing crucial deadlines and thereby reducing your chances of receiving maximum compensation.

Insurance

The advancements in medicine have made childbirth a relatively safer process, but there are still risks. Medical professionals and doctors must act with care to avoid making mistakes that could cause permanent harm for the mother and baby. If they do not, they may be held accountable and required to pay damages.

Birth injury lawyers can assist parents receive fair compensation for future, past and non-economic damages such as suffering and pain. Their experience can be helpful when negotiating settlements with insurance companies and can assist in avoiding the aggressive strategies that malpractice insurers employ to decrease payouts. If necessary, an attorney can also take your case to court.

Birth injuries are typically settled outside of court. A medical malpractice lawyer can make a solid claim for compensation by examining medical records of the child and hiring medical experts.

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