birth injury law firm Injury Attorneys

A birth injury attorney can assist you in filing a medical malpractice claim against a negligent doctor, nurse or hospital. They will seek medical records to determine whether there was any malpractice, and then consult with experts to examine the case.

Minor medical mistakes made during childbirth could lead to severe and preventable injuries that require years of care. A successful legal claim can provide families with compensation for these expenses.

Proving Negligence

A birth injury attorney can help you file an action in court, recover damages, and hold the negligent medical professionals accountable. This type of lawsuit falls within the medical negligence or personal injury law and requires a lengthy investigation, expert witness testimony, and a court trial. A successful birth injury case will be based on evidence that establishes the defendants' duty of care, that they did not meet their duty, and that your child suffered harm as a result.

A skilled and experienced lawyer can put together a strong case to prove negligence. They will establish that the medical professional was not acting in accordance with the widely accepted practices of the community for professionals with their particular level of training and expertise and that his negligence led to your child's injuries. Your attorney can help locate a medical professional who can establish a standard of treatment.

Families who experience injuries at birth could be facing a huge emotional and financial stress. Therapy and medical expenses for a child can drain savings of a family. An experienced birth injury lawyer can review your family’s finances and health needs throughout your life and negotiate a settlement that will cover all of your expenses. They can also work with insurance companies and their lawyers to avoid settlements that are low. They can also request your medical records and ensure that they aren't destroyed or altered.

Collecting evidence

Although advances in medicine have made childbirth much safer than it was previously, mothers and their babies are exposed to a degree of risk in each labor. New York law requires obstetricians and other medical professionals attending the birth to perform their duties with reasonable care and avoid mistakes that could have long-lasting or even permanent repercussions. If they fail to adhere to this, they could be held liable for an action seeking financial compensation.

It is essential to create an evidence-based case. A reputable birth injury lawyer will work with a team of experts to review medical records, diagnoses, treatment, and other evidence in order to determine whether the doctors breached the standards of their profession's care. This is key to an effective case.

If the doctor's actions caused a serious injury or amputation, we will seek compensation for future and past medical expenses, loss income and emotional distress as well as other expenses. We will also seek compensation to pay for any additional expenses that you have incurred, or may be forced to pay in the future for your child's care. This includes therapy sessions and other educational programs.

During the trial process it is typical for defendants and their insurance companies to try to shift blame or misstate minor facts. A knowledgeable attorney will know how to counter these attempts to ensure that the verdict accurately reflects the responsibilities of the medical provider.

Preservation of Evidence

The most crucial aspect of the case of medical malpractice is gathering and preserving evidence. This includes eyewitness accounts, photographs statements and expert testimony.

Your lawyer can assist you in obtaining the evidence needed to show negligence and create a convincing case for compensation. They can also secure evidence for trial and ensure that the case meets legal standards.

When medical professionals fail in their duty of care, patients may be harmed and suffer losses. Birth injury lawyers can assist to hold at-fault medical professionals responsible and get compensation for lifelong costs for medical care and lost income, emotional trauma, and so on.

After the initial consultation the lawyer will give you an idea of the likelihood of winning the lawsuit and give suggestions on the best way to proceed. In addition, they'll review your case and start the process of obtaining medical records and arranging for experts to give their opinion on the claim.

Your lawyer will also handle all communications with insurers, and oversee the claims process to avoid missing crucial deadlines. They can also assist you in negotiating a fair settlement which is fair and reflects the damages you have suffered. They can also fend off insurers who attempt to pressurize you into accepting a low-ball offer. If a settlement cannot be reached, they may bring a lawsuit to put the pressure back on the insurers.

Filing an action

In pursuing the medical professional who caused the child's injury could help you obtain compensation to cover lifetime care expenses and losses. Unfortunately medical malpractice claims can be complicated and time consuming. A competent lawyer will handle your case and will communicate with the insurers to keep you from delays.

Your lawyer will have to prove that your doctor was obligated to you by a duty of care and that he or her breached that duty, and that your child suffered harm as a consequence of the breach. This will require collaborating with a team of medical experts to determine the standards of care and the reasons your doctor fell short of this standard.

Midwives are able to be sued in addition to doctors, nurses and other defendants. Some midwives are licensed, trained professionals who can help with normal pregnancy. However, New York law requires that they transfer care to an obstetrician when complications arise during delivery or when the risk assessment suggests that the mother is at a high risk.

A birth injury attorney can assist you in constructing an evidence-based case and secure expert witnesses to back up your claim. The majority of birth injury lawyers operate on an hourly basis. They finance all costs related to your case, and only receive payment when they are able to recover compensation for you. A contingency fee percentage ranges between 33% and 40% of the total settlement.