Birth Injury Attorneys

Medical advances have made childbirth more safe, but it is not without risk. Even the smallest of medical mistakes can have lifelong consequences for both mother and baby.

A lawyer for birth injuries can help you recover damages. These could include past and future medical expenses continuing therapy costs, and other financial damages.

Medical Malpractice

A birth injury can have devastating consequences that last for a lifetime. If a medical mistake caused the injury and a successful lawsuit could help parents achieve the feeling of justice and recover financial compensation for their child's future needs for care.

Finding a skilled lawyer is the first step in seeking a claim for medical malpractice. A reputable birth trauma lawyer will collaborate with medical professionals and review documents to find out if there was any malpractice. They will also discuss the case in depth with you and answer any questions you may have.

Medical negligence claims typically involve complex issues and difficult witnesses. Teams of lawyers are on the side of hospitals, doctors and insurance companies who are trained to decrease or even deny payment. It is crucial to find an attorney who is able to take on these powerful opponents.

There are four elements of a medical negligence claim obligation, breach of duty, causation and damages. A birth injury lawyer who is experienced can assist you with gathering evidence and construct strong legal arguments to defend each of these elements.

In cases of birth injuries, the legal requirement is to prove that your doctor had an official relationship with you. This could be done using medical documents or hospital invoices. The next step is to establish that the doctor had an obligation to perform the procedure with reasonable skill and care that you would expect from a medical professional in the same circumstance.

Birth Injury

A birth injury attorney can assist a family in filing a medical malpractice claim against the hospital or doctor who committed negligence during labor and birth. A successful legal claim may result in financial compensation that can help a family pay for their child's future and current medical expenses, lost wages and emotional trauma.

A seasoned birth injury lawyer will be able to review the medical documents of your child, determine any potential negligence and then hire experts to examine the case. Experts are usually other OB/GYN specialists who can give their opinion as to whether malpractice was involved. After the experts have examined the case, the lawyer will determine who is accountable for the injuries. They will then name the defendants.

In New York and most other states there is a statute of limitations that stipulates the deadline to file an action. For birth injury claims, this is usually 30 months or two and one-half (2-1/2) years following the time that the medical malpractice occurred.

During this time during this time, your attorney will negotiate an agreement with your insurance company on your behalf. If the insurance company is unwilling to pay a fair amount, your lawyer will file a lawsuit with the appropriate court to make a jury and a judge decide the issue. This is a lengthy process that should only be handled by an experienced professional.

Medical Records

The birth of a child is one of the most exciting moments in a person's lifetime however, it can turn into a nightmare if a medical mistake during labor and delivery results in an injury. Minor to severe injuries could have a lasting impact on the quality of life and development of a newborn. If you suspect that your child has suffered an injury related to birth due to medical negligence, you may make an action to seek compensation.

A medical malpractice case requires that the plaintiff prove that a physician, nurse or other healthcare professional violated their duty of care. The medical professional failed to act according to the standards of their profession, and the rest, is based on their level of training and knowledge. Typically, it is required to involve experts to determine the appropriate standard of care for the case.

Medical malpractice insurance companies know the utter devastation parents feel after a birth injury that is serious, and they have teams of attorneys who dedicate their time to deny or lower payments on claims. This is why it's essential to speak with an New York birth injury attorney immediately. You can avoid missing important deadlines and compromising your chances of getting maximum compensation by beginning the process as soon as you can.

Insurance

The advancements in medicine have made childbirth relatively safer, but there are still risks. Doctors and other medical professionals in the field must be cautious to avoid errors that could cause long-lasting damage for both mother and child. If they don't do so, they may be held responsible for negligence and be required to pay damages.

Birth injury lawyers can help parents receive fair compensation for future, past and non-economic damages like pain and suffering. Their knowledge and experience can be beneficial during settlement negotiations with insurance companies and in avoiding the aggressive tactics malpractice insurers use to limit payouts. A lawyer may also take the case to trial if necessary.

Many medical malpractice cases go to court without trial, and this is often the case with birth injuries. However, a knowledgeable medical malpractice lawyer can make a convincing case to recover compensation by reviewing the child's medical records and obtaining medical experts to review them.

An experienced 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. This could include the obstetrician, nurses, doctors and surgeons involved in the delivery or birth as well as hospitals. In certain states, parents may apply for a state program that pays compensation to children who suffer from certain birth injuries, such as brain damage or paralysis.