Birth Injury Attorneys

Although advances in medicine have made birthing a more secure process, it still has dangers. Even minor medical errors can have lasting consequences for both the baby and mother.

An attorney who specializes in birth injuries can help you recover damages for your losses. This could include past and future medical expenses, ongoing therapy costs and other damages in the form of money.

Medical Malpractice

A birth injury could have devastating effects that can last for the rest of your life. If a medical issue caused the injury and a successful lawsuit could assist parents to attain a sense of justice and seek financial compensation for their child's future healthcare needs.

The first step in pursuing the medical malpractice claim is to locate a seasoned lawyer. A reputable lawyer for birth trauma will work with medical professionals and review the records to determine whether there is any potential for malpractice. They will also discuss the situation with you in detail and answer any questions you might have.

Medical negligence lawsuits typically involve complex issues and difficult witnesses. Doctors, hospitals, and insurance companies have teams of lawyers on their side who are trained to deny or reduce the amount of compensation. It is important to locate a lawyer who has the ability to defend these powerful adversaries.

There are four components to a medical malpractice claim duty, breach of duty, causation, and damages. A seasoned birth injury lawyer will work with you to collect evidence and build strong legal arguments to support each of these elements.

In cases of birth injuries, the duty element involves proving that your doctor had an official relationship with you. This could be accomplished through medical records or hospital bills. The next step is to establish that you were required to fulfill an obligation by your doctor to act with the competence and professionalism by a medical professional.

Birth Injury

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

A competent birth injury lawyer will be able to look over your child's medical records and find any potential acts of negligence, and also hire experts (often other OB/GYN physicians) to review the case and give their opinion on the degree of malpractice that occurred. Once the experts have reviewed the case, the lawyer will determine who is responsible for the injuries. They will then name them as defendants.

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

During this period your attorney will be working with your insurance company to negotiate an agreement on your behalf. If the insurance company is unwilling to pay a fair amount, your attorney will file a lawsuit with the appropriate court to have a judge and jury decide the matter. This is a complex process that should only be handled by a professional.

Medical Records

The birth of a baby is one of the most exciting occasions in a person's lifetime, but it can turn into a nightmare if a medical error during labor and delivery results in an injury. Minor to severe injuries can have a lasting impact on the quality of life and the development of a newborn. If you believe your child suffered injuries to their birth due medical malpractice, you can seek damages for future and past damages.

A medical malpractice case demands that the plaintiff demonstrate that a doctor, nurse or other healthcare professional violated their duty of take care of patients. The medical professional not acted according to the standards of their profession and the rest, according to their training and experience. In general, it will be necessary to engage experts who can determine the appropriate level of care in the case.

Medical malpractice insurance companies understand how distraught parents are after an unfortunate birth injury, and they have lawyers on their teams who work full-time to reduce or deny payments on claims. Therefore, it is important to talk with a New York birth injury attorney as soon as you can. By contacting them early, you will avoid the possibility of ignoring crucial deadlines and thereby reducing your chance to recover maximum compensation.

Insurance

The advancements in medicine have made childbirth much safer however, there are still dangers. Medical professionals and doctors must be cautious to avoid errors that could cause permanent harm for the mother and child. If they fail to do so take care, they could be held responsible and forced to pay damages.

Birth injury lawyers can help parents get fair compensation for past, future and non-economic injuries like suffering and pain. Their knowledge and experience can be beneficial during insurance settlement negotiations and in avoiding the abrasive tactics that insurers employ to decrease payouts. A lawyer may also take the case to trial in the event of a need.

Birth injury cases are often settled outside of court. A medical malpractice lawyer can make a solid claim to recover compensation through the review of medical records of the child, and hiring medical experts.

A seasoned New York City birth injury law firm can examine the medical records and request reports and diagnostic studies that analyze the extent of the injuries, and also identify the defendants. These could include the obstetrician or nurses, surgeons, doctors as well as hospitals involved in the birth and delivery. In certain states, families can apply to a state-wide program that will provide an indemnity for children who suffer from certain birth injuries, including brain damage and paralysis.