Birth Injury Attorneys

While medical advances have made birthing a safer process, it's not without risks. Even small medical mistakes can have long-lasting consequences for both baby and mother.

A lawyer for birth injuries can assist you in recovering damages. These can include past and future medical expenses continuing therapy costs, and other financial damages.

Medical Malpractice

Birth injuries can have devastating consequences that last for the rest of your life. If a medical error led to the injury, a successful lawsuit can assist parents to attain an understanding of justice, and also seek financial compensation for their child's future healthcare needs.

The first step to pursue an action for medical malpractice is to find a skilled lawyer. A reputable birth trauma lawyer will collaborate with medical experts and review documents to determine if there is any possibility of malpractice. They will also discuss the situation with you in detail and answer any questions you might have.

Medical negligence cases can be complicated and require difficult witnesses. Hospitals, doctors and insurance companies all have lawyers on their side, who are trained to refuse or reduce payments. It is important to find an attorney who can combat these powerful opponents.

A medical malpractice claim has four parts: duty breach, causation, and damages. A birth injury lawyer who has experience will help you collect evidence and develop strong legal arguments to defend each of these elements.

In a birth injury case the legal requirement is to prove that your doctor had an established professional relationship with you. This could be done with medical records or hospital bills. The next step is to prove that you were owed an obligation by the doctor to perform the skill and care expected from a different medical professional.

Birth Injury

A birth injury attorney can assist a family to file a medical malpractice claim against the hospital or doctor who acted with negligence during labor and delivery. A successful legal action can result in financial compensation that helps families pay for the medical costs of their child and future expenses, in addition to lost earnings and emotional trauma.

A seasoned birth injury lawyer will be able review the medical documents of your child, determine any negligence-related issues, and hire experts to look into the case. They are typically other OB/GYN doctors who can provide their opinion on whether malpractice occurred. After the experts have examined 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 New York and most other states there is a statute of limitations which specifies the deadline for filing a claim. For birth injury claims, this usually is 30 months or two and two-and-a-half (2-1/2) years after the incident of medical malpractice.

During this time your attorney will work with your insurance company to negotiate an agreement on your behalf. If the insurance company refuses to pay a reasonable amount, your lawyer will file a lawsuit with the appropriate court to make a jury and a judge decide the issue. This is a lengthy process that should only be handled by a professional.

Medical Records

A medical mistake during childbirth could result in an injury. It is one of life's most exciting moments. The injuries can range from minor to major, and can have lasting impact on the development of a newborn and quality of life. If you suspect that your child sustained injuries to their birth due medical negligence, you may file a claim to recover damages for future and past damages.

A medical malpractice case requires that the plaintiff prove that a doctor, nurse or other healthcare professional has violated their duty to provide medical care. This means that the medical professional did not act in accordance with the standards of their profession and the rest of the medical profession, in light of the education and expertise they have. Generally, it will be necessary to engage experts as witnesses to help establish the appropriate standards of care in the case.

Medical malpractice insurers are well aware of how distraught parents can be after an accident that causes serious injury to the baby and typically have teams of lawyers working 24/7 to reduce or deny payments on claims. It is important to consult with a New York birth injuries attorney as soon possible. You can avoid missing crucial deadlines and compromising your chances of getting maximum compensation by beginning the process as soon as possible.

Insurance

The advancements in medicine have made childbirth much safer but there are dangers. Medical professionals and doctors must be cautious to avoid mistakes which could have lasting consequences for the mother and child. If they fail then, they could be held accountable and required to pay damages.

Birth injury lawyers can assist parents receive fair settlements for past and upcoming medical expenses as well as non-economic damages such as suffering and pain. Their expertise can also be helpful during insurance settlement negotiations and in avoiding the aggressive tactics malpractice insurers use to limit payouts. If needed, an attorney can also present your case in court.

Birth injuries are typically resolved outside of court. A medical malpractice lawyer can build a solid case for compensation by examining medical records of the child, and hiring medical experts.

An experienced New York City birth injury law firm can look over the medical records and request diagnostic reports and reports which analyze the severity of the injuries, as well as identify the defendants. They could be the obstetrician and nurses, doctors, surgeons and hospitals that were involved in the birth and delivery. In some states, families are able to apply to a state-wide program that will provide an indemnity for children who suffer from certain birth injuries, for example brain damage and paralysis.