Birth Injury Attorneys

While medical advances have made birthing a more secure process, it still has risks. Even the smallest of medical errors can have lifelong consequences for the baby and mother.

A lawyer for birth injuries can assist you in recovering damages. This could include past, future and ongoing medical expenses, ongoing therapy expenses and other damages in the form of money.

Medical Malpractice

Birth injuries can have devastating effects that can last for the rest of your life. A successful lawsuit can help parents obtain justice and obtain compensation for the future care of their child in the event that an error in medical care caused the injury.

The first step to pursue a medical malpractice claim is to find an experienced lawyer. A good birth trauma attorney will collaborate with medical experts and look over documents to determine if there is any possibility of malpractice. They will also discuss the case with you in detail and answer any questions you have.

Medical negligence claims typically have complicated issues and difficult witnesses. Teams of lawyers are on the side of hospitals, doctors and insurance companies, who are trained to reduce or deny payments. It is vital to find a lawyer that can defend these powerful adversaries.

There are four components of a medical malpractice claim: duty, breach of duty, causation, and damages. A birth injury lawyer with experience can assist you with gathering evidence and build strong legal arguments that support each of these elements.

In a birth-injury case the legal requirement is to prove that you had a professional relationship between your doctor and yourself. This can be accomplished by using medical documents or hospital invoices. The next step is to prove that the doctor was obligated to you an obligation to perform the procedure with reasonable care and skill that would be expected from a medical professional in the same circumstance.

Birth Injury

A birth injury lawyer can assist a family bring a medical malpractice suit against a hospital or doctor who erred during labor and birth. A successful legal action could result in financial compensation that helps the family pay for the cost of medical treatment for their child as well as future expenses, along with the loss of wages and emotional trauma.

A competent birth injury lawyer will know how to examine the medical records of your child and find any potential acts of negligence, and also hire experts (often other OB/GYN physicians) to examine the case and provide their opinion on the possibility of malpractice. After the experts have examined the case, your lawyer will determine who is responsible for the injuries. They will then name the defendants.

In New York and most other states there is an statute of limitations that defines the time frame for filing a claim. It usually lasts 30 months or 2 1/2 years after the incident.

During this time your attorney will negotiate a settlement with your insurance company on your behalf. Your attorney will file a lawsuit in the appropriate court in the event that the insurance company does not agree to a reasonable amount. A judge and jury will then decide the matter. This is a difficult process that should only be handled by an experienced professional.

Medical Records

The birth of a child is among the most exciting moments in a person's life, but it can become a nightmare if a medical mistake during labor and birth causes an injury. Minor to severe injuries can cause lasting damage to the quality of life and the development of a newborn. If you suspect that your child has suffered a birth-related injury due to negligence by a medical professional, you can file an action to recover compensation.

A medical malpractice case demands that the plaintiff prove that a nurse, doctor or any other healthcare professional breached their duty of provide care. This means that the medical professional failed to conform to the standards of their field and of the medical profession, according to the level of education and experience they possess. Generally, it will be required to involve experts to help establish the appropriate level of care in the case.

Medical malpractice insurers are aware of how devastated parents can be following a serious birth accident, and they have legal teams that work full-time to deny or reduce the amount on claims. It is important to talk with a New York birth injury attorney immediately. By starting the process early, you can reduce the possibility of ignoring crucial deadlines, and thus compromising your chances of obtaining maximum compensation.

Insurance

The advancements in medicine have made childbirth a safer process, but it still has risks. Medical professionals and doctors should be careful to avoid making mistakes that could cause permanent harm for the mother and child. If they fail to do so then, they could be held liable for negligence and have to pay damages.

Birth injury lawyers can assist parents obtain fair compensation for future, past and non-economic damages such as pain and suffering. Their expertise can also be helpful during settlement negotiations for insurance claims and in avoiding the abrasive strategies that insurance companies employ to cut payouts. If needed an attorney could make your case go to court.

Many medical malpractice claims go to court without trial, and this is often true for birth injury cases. A medical malpractice lawyer can construct a strong 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 that analyze the extent of the injuries, as well as identify the defendants. They could be the obstetrician and nurses, doctors, surgeons, and hospitals involved in the birth and delivery. In certain states, families may apply to a state-wide program that will provide an indemnity for children suffering from certain birth injuries, such as brain damage or paralysis.