Birth Injury Attorneys

While advances in medicine have made birthing a more secure procedure, it is not without risks. Even small medical errors can have long-lasting effects for both mother and baby.

An attorney who specializes in birth injuries will help you obtain damages for your losses. This could include past and future medical expenses as well as ongoing therapy costs and other monetary damages.

Medical Malpractice

A birth injury can cause devastating effects that last a lifetime. If a medical mistake caused the injury an effective lawsuit could aid parents in achieving a sense of justice and obtain financial compensation for their child's future needs for care.

Finding a reputable lawyer is the first step to seeking a claim for medical malpractice. A skilled birth trauma attorney will collaborate with medical experts and examine the records to discover any potential malpractice. They will also discuss the case in depth with you and answer any questions you have.

Medical negligence lawsuits can be complicated and involve difficult witnesses. Doctors, hospitals and insurance companies all have lawyers on their side who are trained to deny or reduce the amount paid. It is crucial to find a lawyer who is able to fight these formidable adversaries.

There are four components to a medical malpractice claim: duty, breach of duty, causation, and damages. A birth injury lawyer with experience will assist you in gathering evidence and build strong legal arguments to defend each of these elements.

In the case of birth injuries the main requirement is to establish that you had a professional relationship between your doctor and you. This can be done using medical records or hospital bills. The next step is to prove that the doctor has the obligation to act with reasonable skill and care that would be expected from a medical professional in the same circumstance.

Birth Injury

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

A skilled birth injury attorney can review the medical records of your child's medical records, identify any possible negligence and engage experts to review the case. Experts are usually other OB/GYN physicians who can provide their opinion on the extent of malpractice. Once the experts have reviewed your case, your lawyer will be able to determine who was accountable for the injuries, and then name them as defendants in the lawsuit.

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

During this period your attorney will work with your insurance company to negotiate an agreement on your behalf. If the insurance company refuses to pay a fair amount, your lawyer will file a complaint in the appropriate court to have a judge and jury decide the matter. This is a lengthy procedure that should be handled by a trained professional.

Medical Records

A medical mistake during childbirth may result in an injury. It's one of the most thrilling moments. Minor to severe injuries can be long-lasting and affect the quality of life and development of a baby. If you suspect that your child has suffered an injury related to birth due to medical negligence, you are able to make an action to seek compensation.

A medical malpractice lawsuit demands the plaintiff to prove that a doctor or nurse breached their duty of care. This means that the medical professional failed to conform to the standards of their profession as well as the rest of the medical profession, in light of the education and expertise they have. Generally, it will be necessary to engage expert witnesses who can help determine the proper standards of care in the case.

Medical malpractice insurance companies know how devastated parents can be following an unfortunate birth injury, and they have teams of attorneys who dedicate their time to deny or reduce the amount on claims. Therefore, it is important to talk with a New York birth injury attorney whenever you can. You can avoid missing important deadlines and compromising your chances of receiving maximum compensation by beginning the process as soon as possible.

Insurance

Medical advances have made childbirth a safer experience, but it still poses risks. Doctors and other medical professionals should be careful to avoid errors that could have lifelong consequences for the mother as well as the baby. If they fail to do so then, they could be held responsible and forced to pay damages.

Birth injury lawyers can help parents receive fair compensation for past, future and non-economic injuries like pain and suffering. Their experience is also useful during insurance settlement negotiations, and can assist in avoiding the aggressive tactics that malpractice insurance companies use to reduce payouts. If needed an attorney could make your case go to court.

Birth injury cases are often resolved out of court. However, a seasoned medical malpractice lawyer can create a convincing case for compensation by looking over the child's medical records and obtaining medical experts to examine them.

An experienced New York City birth injury law firm can look over the medical records and request reports and diagnostic studies which analyze the severity of the injuries, and also identify the defendants. They could include the obstetrician, nurses, doctors, surgeons and hospitals that were involved in the delivery and birth. In some states, families may apply to a government program that will provide an indemnity for children who suffer certain birth injuries, like brain damage and paralysis.