Birth Injury Attorneys

Medical advances have made childbirth safer, however it still comes with risks. However, even minor medical mistakes can have lifelong consequences for both the mother and baby.

A birth injury lawyer can assist you in recovering damages. This could include future and past medical expenses as well as ongoing therapy costs and other damages in the form of money.

Medical Malpractice

A birth injury could have devastating effects that last a lifetime. If a medical issue caused the injury, a successful lawsuit can help parents attain the feeling of justice and obtain an amount of money to cover their child's future care needs.

Finding an experienced lawyer is the first step in making a claim against medical negligence. A good birth trauma lawyer will collaborate with medical professionals and look over documents to determine if there is a possibility of malpractice. They will also discuss the matter with you in depth and answer any questions you have.

Medical negligence claims typically have complicated issues and difficult witnesses. Teams of lawyers are on the side of doctors, hospitals and insurance companies, who are trained to decrease or even deny payment. It is important to find an attorney who can fight these powerful adversaries.

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

In a birth-injury case, the duty element is to establish that you had a professional relationship between your doctor and you. This could be done using medical records or hospital invoices. The next step is to establish that the doctor owed you an obligation to perform the procedure with reasonable skill and care that would be expected from a different medical provider in the same situation.

Birth Injury

A birth injury attorney can help a family file an action for medical negligence against the hospital or doctor that acted in negligence during labor and delivery. A successful legal action could result in financial compensation that could assist a family with their child's current and future medical expenses, lost wages and emotional trauma.

A skilled birth injury lawyer will know how to go through your child's medical records and identify any possible acts of negligence and employ experts (often other OB/GYN doctors) to examine the case and offer their opinions on the degree of malpractice that occurred. Once the experts have reviewed the case, your lawyer will determine who is accountable for the injuries. They will then name them as defendants.

In New York and most other states there is a statute of limitations that defines the time frame for filing claims. For birth injury claims, this usually is 30 months or two and one-half (2-1/2) years after the incident of medical malpractice.

During this time your attorney will negotiate with your insurance company to negotiate a settlement on your behalf. Your attorney will file a lawsuit in the appropriate court in the event that the insurance company refuses to pay a reasonable amount. A jury or judge will then decide the matter. This is a lengthy process that should only be handled by a professional.

Medical Records

The birth of a child is among the most exciting times in the life of a person but it can also turn into a nightmare if a medical error during labor and birth causes an injury. Minor to severe injuries could have a lasting impact on the quality of life and development of a baby. If you believe your child was injured during birth due to negligence by a medical professional, you can claim compensation.

A medical malpractice claim demands that the plaintiff demonstrate that a nurse, doctor or other healthcare professional acted in violation of their duty of take care of patients. This means that the medical professional did not act in accordance with the standards of their profession and the rest of the medical community depending on the level of knowledge and training they possess. In the majority of instances, it is required to employ expert witnesses who are able to determine the proper standards in the case.

Medical malpractice insurance companies understand how devastated parents can be following a serious birth accident, and they have legal teams that do their best to deny or lower payments on claims. Therefore, it is vital to consult an New York birth injury attorney as soon as you can. You can avoid missing important deadlines and decrease your chances of recovering maximum compensation by beginning the process as early as possible.

Insurance

Medical advances have made childbirth a safer process, but there are still risks. Medical professionals and doctors must be cautious to avoid errors that could result in permanent consequences for both the mother and baby. If they fail to do so take care, they could be held liable and have to pay for damages.

birth injury law firms injury lawyers can help parents obtain fair compensation for past, future and non-economic damages such as suffering and pain. Their knowledge and experience can be beneficial during settlement negotiations for insurance claims and in avoiding the aggressive strategies that insurance companies employ to cut payouts. A lawyer may also take the case to trial, if necessary.

Many medical malpractice claims end up in court and this is especially true for birth injury cases. A medical malpractice lawyer can construct a solid case for compensation by looking over medical records of the child and hiring medical experts.

An experienced New York City birth injury law firm will review the medical records and request diagnostic and reports which analyze the severity of the injuries and also identify the defendants. They could be the obstetrician or nurses, surgeons, Birth Injury Attorneys doctors and hospitals involved in the delivery and birth. In some states, parents may apply for a state program that provides compensation to children who suffer from certain birth injuries, including brain damage or paralysis.