Birth Injury Attorneys

Although advances in medicine have made birthing a more secure process, it still has dangers. Unfortunately, even small medical errors can have lifelong consequences for both the mother and baby.

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

Medical Malpractice

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

The first step in pursuing the medical malpractice claim is to find an experienced lawyer. A reputable birth trauma lawyer will work with medical professionals, and will examine 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 can be complex and require difficult witnesses. Teams of lawyers are on the side of doctors, hospitals and insurance companies, who are trained to limit or deny payments. It is essential to find a lawyer who can defend these powerful opponents.

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

In the case of a birth injury, the legal requirement is to prove that your doctor had an professional relationship with you. This could be done with medical documents or hospital bills. The next step is to establish that you were owed an obligation by the doctor to exercise the expertise and care by a medical professional.

birth injury law firm Injury

A birth injury attorney can help a family file an action for medical negligence against the hospital or doctor who committed negligence during labor and birth. A successful legal action could result in financial compensation which can help families pay for their child's current and future medical expenses, lost wages and emotional trauma.

A skilled birth injury lawyer will be able to review your child's medical records, identify any potential acts of negligence and hire experts (often other OB/GYN doctors) to review the case and provide their opinion on the possibility of malpractice. Once the experts have reviewed your case and your lawyer has reviewed the case, they will be in a position to determine who was accountable for the injuries and name them as defendants in the lawsuit.

In all states, including New York, there is a deadline for filing an injury claim with the court. This is known as the statute of limitations. For birth injury claims, this usually is 30 months or two and a half (2-1/2) years following the time that the medical malpractice occurred.

During this time 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 attorney will file a suit in the appropriate court to get a jury and judge to decide on the matter. This is a difficult procedure that should be left to a trained professional.

Medical Records

A medical mistake during childbirth may result in an injury. It is one of the most exciting moments. Injuries can range from minor to severe, and they can have long-lasting impact on the development of a newborn and quality of life. If you believe that your child was injured during birth due to medical negligence, you can make an action to seek compensation.

A medical malpractice claim requires the plaintiff to prove that a doctor or nurse violated their duty of care. This means that the medical professional did not follow the standards of their profession and that of the medical community in light of the knowledge and training they possess. In general, it is required to involve experts to assist in determining the proper standard of care for the case.

Medical malpractice insurers are well aware of how devastated parents can be after an accident that causes serious injury to the baby, and they typically have teams of attorneys working full time to reduce or deny payments on claims. It is essential to speak with an New York birth injuries attorney as soon possible. By contacting them early, you will avoid the possibility of missing crucial deadlines, and thus compromising the chance of recovering maximum compensation.

Insurance

Medical advances have made childbirth much safer, but there are still risks. Doctors and other professionals working in the medical field must take care to avoid mistakes that could have long-lasting consequences for both the mother and the child. If they fail do so, they could be held accountable and required to pay damages.

Birth injury lawyers can assist parents obtain fair compensation for past, future and non-economic losses like pain and suffering. Their knowledge and experience can be beneficial during settlement negotiations for insurance claims and in avoiding the abrasive tactics used by insurers to reduce payouts. A lawyer may also take the case to trial should it be necessary.

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

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