Birth Injury Attorneys

Modern medicine has made childbirth safer, however there are still risks. Unfortunately, even small mistakes made during birth can have lasting consequences for both mother and baby.

An attorney who specializes in birth injuries will help you obtain damages for your losses. This can include past, future and ongoing costs for medical treatment, ongoing expenses and other damages in the form of money.

Medical Malpractice

A birth injury can have devastating effects that can last a lifetime. A successful lawsuit could help parents gain justice and recover compensation for the future care of their child if an error by a doctor caused the injury.

Finding a skilled lawyer is the first step to seeking a claim for medical negligence. A reputable lawyer for birth trauma will work with medical professionals and review documents to determine if there is a possibility of malpractice. They will also answer all your questions and discuss the case thoroughly with you.

Medical negligence cases can be complicated and require difficult witnesses. Teams of lawyers are on the side of doctors, hospitals and insurance companies, who are trained to limit or eliminate payments. It is essential to find an attorney that can fight these powerful adversaries.

There are four elements of 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 the case of a birth injury, the duty element is to establish that you had a professional relationship with your doctor and yourself. This can be done using medical documents or hospital bills. It is then important to establish that the doctor owed you the duty to perform his duties with reasonable care and skill that would be expected from another medical provider in the same situation.

Birth Injury

A birth injury lawyer can help families file an action for medical malpractice against a doctor or hospital who erred during labor and delivery. A successful legal action can result in financial compensation to help a family cover the medical expenses of their child as well as future costs, as well as the loss of earnings and emotional trauma.

A skilled birth injury lawyer will know how to examine your child's medical records, identify any potential acts of negligence and employ experts (often other OB/GYN physicians) to examine the case and give their opinion on the degree of malpractice that occurred. After the experts have analyzed the case, your lawyer can determine who is responsible for the injuries. They will then name them as defendants.

In New York and most other states, there is an statute of limitations that defines the time frame for filing a claim. For birth injury claims, this is typically 30 months or two and one-half (2-1/2) years after the medical malpractice occurred.

During this time, your attorney will work with your insurance company to negotiate an agreement on your behalf. Your attorney will then file a suit in the appropriate court if the insurance company refuses a reasonable amount. A jury or judge will then make a decision. This is a difficult procedure that should only be handled by an experienced professional.

Medical Records

A medical error during childbirth can cause injuries. It is one of the most thrilling moments. Injuries can range from minor to major, and they often have long-lasting impact on the development of a newborn and quality of life. If you believe that your child suffered a birth injury due to medical malpractice, you can seek compensation for future and past damages.

A medical malpractice case demands the plaintiff to prove that a doctor or nurse breached their duty to care. This means that the medical professional failed to comply with the standards of their field and of the medical profession, based on the level of training and knowledge that they have. In the majority of cases, it is necessary to employ experts who are able to determine the appropriate standard for the case.

Medical malpractice insurers are well aware of how frightened parents can be following an injury to their child that is serious and have a team of attorneys working full time to deny or reduce payments on claims. It is important to consult with a New York birth injuries attorney as soon possible. You can avoid missing important deadlines and decrease your chances of obtaining maximum compensation by beginning the process as early as possible.

Insurance

The advancements in medicine have made childbirth relatively safer but there are dangers. Doctors and other medical professionals in the field must be cautious to avoid making mistakes that could have long-lasting consequences for both mother and child. If they do not, they may be held accountable and may have to pay for damages.

Birth injury attorneys can help parents get fair compensation for their past and future medical expenses, as well as non-economic damages such as suffering and pain. Their experience is also useful in negotiations for insurance settlements, and can assist in avoiding the aggressive tactics malpractice insurers employ to decrease payouts. Lawyers can also take the case to trial, in the event of a need.

Birth injury cases are often resolved outside of court. A medical malpractice lawyer can make a strong claim for compensation by reviewing medical documents of the child and hiring medical experts.

A seasoned New York City birth injury law firm can review the medical records and request diagnostic and reports that evaluate the severity of the injuries, and also identify the defendants. They could be the obstetrician or nurses, surgeons, doctors and hospitals involved in the birth and delivery. In certain states, families are able to apply to a state program that provides an indemnity for children suffering from certain birth injuries, like brain damage or paralysis.