Birth Injury Attorneys

A birth injury lawyer can assist you with filing an action for medical malpractice against a negligent obstetrician, nurse or hospital. They will seek medical records to determine if there was malpractice and then speak with experts to look over the case.

Small medical mistakes during childbirth can lead to severe and preventable injuries that require a long period of therapy. Families can receive compensation for these costs through a successful legal claim.

Proving Negligence

A birth injury lawyer can help you file an official claim, collect damages, and hold negligent medical professionals accountable. This type of lawsuit is governed by personal injury or medical malpractice law and requires a thorough investigation, expert testimony and a trial. A successful birth injury claim will require evidence to establish the defendant's duty of care, that they did not meet their duty, and that your child was harmed as a result.

An experienced and qualified lawyer can create a strong case to prove negligence by proving that the medical professional failed to act in accordance with generally accepted practices in the community for professionals of their training and experience and that the failure caused the injury to your child. This could require the advice of a medical professional to establish the standard of medical treatment, and your attorney can locate these experts for you.

Families who experience an injury during birth can be under a great financial and emotional stress. The cost of medical treatment and therapy for children can drain savings of a family. An experienced lawyer for birth injuries can review your family’s finances and care needs throughout your life and negotiate a settlement that will cover all expenses. They can also manage communication with insurers and their lawyers on your behalf in order to avoid settlements that are low in value. They can also request medical records on your behalf, and ensure that these records aren't lost or changed.

Collecting Evidence

While advancements in medical technology for childbirth have made it safer than ever before, both parents and infants are at risk during every labor. New York law requires that doctors, as well as other medical professionals who assist with the birth, act with reasonable care to avoid errors that could lead to long-lasting consequences or even permanent consequences. If they do not follow this they could be held accountable for an action seeking financial compensation.

Developing a strong case is essential. An experienced birth injury attorney will work with a team of experts who look over medical records, diagnoses and treatment, as well as other evidence to determine if the doctors violated the standards of care within their field. This is the key to a successful lawsuit.

If the doctor's actions resulted in an injury that was serious and/or death, we will seek compensation for past and future medical expenses, loss income and emotional distress as well as other expenses. We will also seek compensation for any additional costs that you have incurred, or are likely to be able to incur in the future for your child's care. This includes therapy sessions and other educational programs.

During the trial there is a tendency for defendants or their insurance companies to attempt to blame others or to misrepresent the facts in a small way. An experienced lawyer will know how to counter these efforts and ensure that the final trial result accurately reflects the medical practitioner's obligation.

Preservation of Evidence

The most important thing to do in a medical malpractice lawsuit is to gather and preserve evidence. This includes photographs, eyewitness statements and expert testimony.

Your lawyer can help you collect the evidence needed to establish negligence and help you build a strong case for compensation. They can also keep evidence to be used in court and ensure that the case is legal.

When medical professionals fail to fulfill their duties of care, patients could suffer serious injuries and losses. Birth injury lawyers can assist you hold medical professionals at fault accountable and obtain compensation to cover lifetime medical expenses as well as emotional distress, and much more.

Once the initial meeting is completed the attorney will be able to make a more informed assessment of whether they think you have a good chance of winning your lawsuit and can provide suggestions for how to proceed. Additionally, they will examine your case and begin the process of getting medical records and making arrangements for experts to offer their opinion on the case.

Your lawyer will manage all correspondence with insurers and handle the claims process to ensure that you don't miss crucial deadlines. They can also assist you negotiate an equitable settlement that accurately will reflect your damages. They can also fight insurers who try to force you into accepting lowball deals. If a settlement cannot be reached, they can file a lawsuit to put pressure on the insurers.

Filing a Lawsuit

You may be able to recover compensation for the lifetime costs for the care of your child and any losses. Unfortunately, medical malpractice claims are lengthy and complicated. A good lawyer will take care of your case and communicate with insurance companies to avoid delays.

Your lawyer will have to show that your doctor was obligated to you by a duty of care, that he or she breached the duty, and your child suffered harm as a result of the breach. It is crucial to collaborate with a team of medical experts in order to establish the standard of medical care and to determine how your doctor was not up to the mark.

In addition to nurses and doctors and midwives can be defendants in birth injury lawsuits. Some midwives are licensed and certified professionals who can assist with normal pregnancies. However, New York law requires that they provide care to an obstetrician whenever complications arise during the delivery or when the risk assessment suggests that the mother is at high risk.

Engaging a birth injury Law firms injury lawyer can help you create an evidence-based argument and secure expert witness testimony to support your claim. Most birth injury lawyers work on an hourly basis. They pay for all expenses related to your case, and only get paid when they receive compensation for you. The percentage of contingency fees varies between 33% and 40% of the total settlement.