Birth Injury Attorneys

A birth injury lawyer can assist you in bringing a case for medical negligence against a negligent doctor, or nurse, or a hospital. They will ask for medical records to determine if there was a malpractice, and then consult with experts to evaluate the case.

Minor medical errors during childbirth could lead to serious and preventable injuries that require years of care. Families can recover the costs involved through a successful legal claim.

Proving Negligence

A birth injury lawyer can help you make legal claims, collect damages, and hold negligent healthcare professionals accountable. This kind of lawsuit falls within personal injury or medical malpractice law, which requires extensive investigation, expert testimony and a trial. Evidence will be required to prove that the defendants breached their duty of care and caused harm to your child.

A qualified and experienced lawyer can construct a convincing case to prove negligence. They will establish that the medical professional did not act according to the generally accepted practices of the community for professionals with their level of training and expertise and that the failure led to your child's injuries. It may be necessary to seek the opinion of a medical professional in order to determine the standards of care, and your attorney can seek out these experts for you.

Families whose children suffer an injury at birth may be under tremendous emotional and financial stress. Long-term medical costs and therapy to reduce the impact of a child's injury can drain savings of a family. An experienced birth injury attorney can review your family's finances and needs for lifetime care to reach a settlement which fully covers the costs. They can also communicate with insurance companies and their lawyers to avoid settlements that are too low. They can also request your medical records and make sure they aren't lost or altered.

Collecting Evidence

While advances in childbirth have made it more secure than ever before, both the mother and baby are at risk during every labor. New York law requires obstetricians and other medical professionals attending the birth to perform their duties with reasonable care and avoid making mistakes that could have long-lasting or even permanent implications. If they fail to adhere to this they could be held responsible for an action seeking financial compensation.

A strong case to prove your case is critical. A reputable birth injury lawyer will work with a team of experts who will review medical records, diagnoses and treatment, as well as other evidence to determine if doctors acted in violation of the standard of care in their profession. This is crucial to an effective case.

If the doctor's actions caused a serious injury or amputation, we will seek compensation for past and future medical expenses, loss income and emotional distress, in addition to other losses. We will also seek compensation for any additional expenses you have incurred or will have to pay for the care of your child as they grow up including therapy sessions and special education.

During the litigation process, it is common for defendants and their insurance companies to attempt to shift blame or misstate small details. A knowledgeable attorney will know how to counter these attempts to ensure that the verdict accurately reflects the responsibility of the medical professional.

Preserving Evidence

The most important thing to do in the case of medical malpractice is preserving and accumulating evidence. This includes eyewitness testimony and photographs, and expert witness testimony.

Your lawyer can help collect the evidence you require to prove negligence, and develop an argument for compensation. They can also preserve evidence for trial and ensure that the case is legal.

If medical professionals fail to follow the standard of care, patients are able to be devastated by injuries and losses. Birth injury lawyers can help you hold at-fault medical personnel accountable and receive compensation that covers lifetime medical expenses, lost income, emotional distress, and more.

After the initial consultation the lawyer will give you an idea of the likelihood of winning the lawsuit and make suggestions regarding how to proceed. In addition, they can examine your case and begin the process of collecting medical records and arranging for experts to offer their opinions on the claim.

Your lawyer will be in charge of all communications with insurers, and manage the claims process to avoid missing critical deadlines. They can also aid you in negotiating a fair settlement which reflects your damages. They can also challenge insurers who try to pressure you into accepting a low-ball offer. If a settlement is not reached, they may start a lawsuit in order to put pressure on the insurers.

Filing a Lawsuit

The legal action you take against the medical professional who caused the injury of your child could aid in obtaining compensation to cover lifetime care expenses and losses. Unfortunately medical malpractice claims can be lengthy and complicated. A skilled lawyer will handle your case and coordinate with the insurance companies in order to prevent delays.

Your lawyer will have to establish that your doctor was obligated to you by a duty of care, that he or she breached this duty, and that your child was injured as a result of the breach. This requires working with an expert team of medical professionals to establish the standard of care and how your doctor was not up to this standard.

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

A birth injury lawyer can assist you to develop a case based on evidence and obtain expert testimony in support of your claim. Most birth injury attorneys are on a contingency basis. They advance all expenses relating to your case, and only pay when they get compensation for you. A contingency fee percentage typically ranges between 33%-40 percent of the settlement.